Triple Talaq Bill and the Muslim Voice: Is a law necessary?

Abstract

Generally human rights are equated with more freedom and progress. However, it becomes pertinent to note that conferring rights do not always result in emancipation. The darker side of human rights most apparently manifests itself in case of women as they are caught at the intersection of community identity and the narrative of modernity. One such highlighted subject is the identity and status of Muslim women who are victimised and needs a protection through more liberal rights.It is a known fact that most of the Muslim Personal Laws are still unmodified and many legal decisions pronounced by the courts are based on the norms mentioned in Quran and hadith. Some authors has supported that, Muslim personal laws has given various rights to Muslim women such as choice in marriage, inheritance etc. Whereas, some are of the opinion that, there are provisions in Muslim Personal Laws which is against the spirit of Indian Constitution. In this research paper, the researcher analyses the highly controversial topic of Triple talaq and certain aspects relating to Islamic Personal Laws which are centred on the SharayaBano case and several other petitioners entertained by Supreme Court which amounts to gender discrimination and hence violates the constitution.