In August 2017, the Supreme Court of India declared triple talaq unconstitutional and the minority opinion suggested the Parliament to consider appropriate legislation governing triple Talaq in the Muslim community. Subsequently the Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted which stands to be retrospectively effective from 19 September 2018.
Background
Triple talaq, was a form of Islamic divorce which has been used by Muslims in India, which allowed any Muslim man to legally divorce his wife by uttering the word talaq three times in oral, written or electronic form.
Discrimination due to Triple Talaq
Social Division due to Triple Talaq
Salient Features of Muslim Women (Protection of Rights on Marriage) Act, 2019
The Act makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.
Impact
Muslim women are now with equal protection of law.