Triple Talaq and its Current Status in India: A Critical Analysis

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Vedansh Sharma

Abstract

Woman is the historically oppressed section of the society. Indifferent from the culture, society,
or time, women are denied their basic right. They are considered to be the weaker sex and thus
are denied any indulgence in social, political and economic spheres. No society or culture as a
whole is able to do justice with the women. The Islamic society is considered to be the one
where women are provided with very less rights and liberties. Whether it may be hijab, burkah,
issues with respect to adoption or practices like triple talaq, majority of Muslim women are
always denied the freedom.
Triple Talaq was an issue which was witnessing very heated debates in the recent times all across
the country. It was considered as a setback to the gender equality and women empowerment. The
Suprme Court of India in Shah Bano Begum’s case delivered a landmark judgment providing
Muslim women a right to claim maintenance as prescribed under section 125 of Cr.P.C., but the
same was overturned by the Muslim Women (Protection of Rights on Divorce) Act, 1986.
This paper aims at discussing about the various aspects related to triple talaq, its history, its
standing in Quran, international perspectives and the issue in India. It also discusses about the
Supreme Court’s judgment in ShayaraBano case and The Muslim Women (Protection on Rights
of Marriage) Act, 2019. The paper will discuss at length the issues pertaining to the Act and its
criticism

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