Divorce in judicial language means legalized separation of spouse or in general meaning it means termination of marriage. Now, several religious communities construe dissociation of marriage in different logic. Like in Hinduism there was no concept of divorce but later by The Hindu marriage Act, 1955 the term “Divorce” was included. Similarly in Muslim Community the same term prevails but in the form of “Talaq”. The twisting fact about Talaq among the Muslims is that only men has got the power to Divorce his wife by simple reiterating the Word “Talaq” for three times henceforth we called it as “Triple Talaq”. This concept of Talaq among the Muslim Community is like “Rule against Bias”.
There were several judicial proceedings against triple Talaq but due to Muslim Customary Law there were several hurdles to ban this system. The main problem with this “Triple Talaq” is that it empowers the men with a weapon and create fierce in the mind of women. Muslim Customary Law doesn’t provide freedom to the women in any form. The main nuisance “Triple Talaq” plays is that mental insecurity among the women. By this Muslim men divorce their wife for any minute reason like if the food prepared by their wife is not good they may give talaq or may create coercion in the mind of the wife to give Talaq.
Presently, several Islamic countries like Pakistan, Bangladesh and many more countries have banned this custom of the Muslim Sharia Law, but position in India is different. India’s Muslim population is third largest in the world and it is the country that cannot ban this mentally frustrating custom. The main question arises in this point is that if the Islamic Countries can Banned this evil Custom than why not India.
The havoc of Triple Talaq has been so cruel that even in this globalised world Muslim Men Talaq their wife by simply texting in the social networking site. Does it really make any sense to use the information technology in this illogical manner? But is truly hilarious that large section of the educated Muslim Population is advocating this Evil Custom in favor of it.
A survey made by Bhartiya Muslim Mahila Mandalam reveals that more than ninety percent of the divorced Muslim women were Divorced by their Husband for giving birth to girl child or for not receiving Dowry. Moreover Muslim Husband after giving Talaq to their wife are not providing maintenance.
Recently Allahabad High Court has termed “Triple Talaq “as unconstitutional and presently by further appeal the case is in Supreme Court which is giving grave importance to this practice in the Muslim Community. Now this problem shall be litigated by the five judge bench of the Supreme Court to judge the Constitutional Validity of this “Triple Talaq”. And more than ninety percent of the aggrieved Muslim Women including 120 million India’s population are waiting for the ban of this evil custom in India. But whatever may be the result we Indians must stand together to ban this evil custom.