TRIPLE TALAQ CONSEQUENTIAL SCENARIOS & OPTIONS FOR MUSLIM MEN TO ESCAPE THE LIABILITY UNDER 2019 TRIPLE TALAQ RULE OF LAW

HUSBAND’S ESCAPE ROUTE

Evicting the legalism of statutes is seen as the fundamental route to take away responsibilities & compensation legal tactics. Therefore the core idea of Triple Talaq is still in a vague state with its primary objectives after the Bill was reported in 2019.

The rule of instant divorce is regulated by the Personal laws of Muslims, securing a criterion that it exercises the Right to Personal Liberty of choosing voluntary religion. This practice is not only Shariat regulated but also by the Indian Courts. The Indian constitution permits its enforcement through Fundamental Articles enshrined. 

 

THE SANCTITY OF POLITICAL MILEAGE

Religion & Politics make the best mixture for a controversial mandate to arise out of needs & promulgates of an issue of public operation. The deterrent political parties were challenging each other & alleging the core objectives; others shall be the ongoing mileage securing end vote banks & substitute religious sentiments for running campaigns & rallies. The AIMPLB can be the best example & reason of intolerance emerging out of Indian cultural pronouncements. Criminalization is the effective way forward to dictate the alleged person of divorce in Muslim Law & even under upcoming UCC to objectify & procure the compendium legal exemplary for the rest community to take the lesson from.

Likewise in every law, there exist ways for the alleged to escape the core law concerning the respective issue and hence cannot be adhered to be liable for the same. The main functionality for the same shall be objectively dealt with to rule out the remains of consequences such as Section 498 of IPC primarily obtained by Muslim men to rule out the Triple Talaq liability of 3 years of imprisonment. After the said Bill came into existence, the cases related to the Triple Talaq fell by an 80% margin. Hence the effects largely contributed to the positive need & outcome of the problem that is sorted for the protection of Muslim marriage & securing women’s rights more strongly saved for Muslim men. The gender-biased nature had been the basis of the said rule of Triple Talaq. Hence the objectives defended by the instances that were before the 2019 Bill can be said to have sexist regulatory personal law & deemed to be maintained for the excuse of preserving Muslim marriages, which cannot be the foreground of the same issue when violence and harassment are considered to be the principal tenants of the Islamic rule of law.

 

In a landmark judgment, the Supreme Court of India abolished the controversial tradition of triple talaq (divorce by repeating the word ‘talaq’ thrice to the wife among persons, or at times by WhatsApp message or perhaps a phone call) in Muslim communities. However, another significant issue impacting millions of women across religions and communities in the nation that has yet to be tackled is the issue of ‘abandoned women,’ wherein men walk straight out of the marriage even without pronouncing those words or any other formalities: legal or other.

The passing of a law prohibiting triple talaq has made life much more difficult for Muslim women. Following the passage of the Muslim Women (Protection of Rights on Marriage) Act in 2019, the number of incidents of abandonment has increased. Men are abandoning spouses rather than proclaiming talaq since the law’s enactment. In such circumstances, women are defenseless since they cannot seek maintenance or remarry. These women are in financial trouble. Although they can seek assistance from the Waqf Board, the procedure is time-consuming.

During the session, five victims of triple talaq — Reshma Bano of Jaunpur, ShumailaJaved of Amroha, Haseena of Sidhharthnagar, Hina Fatima of Sitapur, and Ruhi Fatima of Aligarh — interacted with the Chief Minister of Uttar Pradesh and spoke about the difficulties they were facing after their husbands abandoned them.

For the women who are victims of triple talaq or those women their husbands have abandoned, the government of Uttar Pradesh has come forward to help and aid all the women, whether they are Muslim or Hindu.

The government had also made it clear that the Hindu men who have abandoned their wives or harassed their wives will not be spared.

The government of Uttar Pradesh also said that victims who have received education should be placed in government service. Such women must be skilled to find work. The government would also attempt to bring all such victims into the purview of government support systems and provide them with a means of earning a living.

A scheme should be implemented to rehabilitate abandoned women. They will be paid 6,000 every year until they receive justice in a court of law. If they do not have a place to reside, they can apply for one under the Prime Minister Awas Yojana or the Chief Minister Awas Yojana.

The Chief Minister of Uttar Pradesh has stated his plan to include triple talaq victims in government healthcare programs. He directed the minority affairs department to ensure that, if necessary, victims got benefits from Waqf Board-owned assets.

Therefore, the asset of Triple Talaq being a regulatory safeguard for Muslim women needs more strict drafting or consequential procedural methods to rule out the optional mandate for Muslim men.

Aditi Raj
Abhay Tripathi

Leave a Reply

Your email address will not be published.