What is triple talaq?????
It is a practice under which a muslim man can divorce his wife by simply uttering “Talaq” three times in accordance with muslim law.
As we know India is country that has a privision for personal laws for all religious communities.Hence the personal laws for muslim law in india is run by All India Muslim Personal law Board.As it is against the principle of All India Muslin personal laws so they are opposing the move to ban triple talaq and Polygamy.As per the judgement in february 2015 the supreme court of india held that polygamy is not not integral part of the muslim religion and monogamy is a reform within the power of the state article 25.
Can triple talaq be banned????
Article 25 of indian constitution grants the right of religious fundamental right.
Islamic divorce is fundamental to religion and wether it is a fundamental right or not was examined by five judge bench with 3:2 ,where three are in favour and two are in against.
Supreme court in it’s earlier instance has already stated that the practice is unconstitutional
Judgement
“what is sinful under a religion can’t be valid in law”.
Five judge was constituted in which three judges declared triple talaq as unconstitutional.with remaining it to banned for 6months.As it isn’t constitunally valid and voilate of constitutional morality.
Legal provision voilation
Triple talaq be permissible practice but it retrogate and unworthy because women doesn’t since triple talaq is instant it is irrevocable and the marital get broken.It is voilation of Article 14(right to equality).
It also voilate Article 21 as it talks about protection of life and personal liberty citizen of India.
Because after triple talaq muslim women are left to their own fate without their consent. which leads to helplessness of women due to dracanian law.
Arya 