This article has been written by Shalini Mishra and Vartika Jain.

Abstract

The divorce can be defined as the formal end of a marriage which involves a legal process. It is the dissolution of the relationship of husband and wife and a typically painful process for all the parties involved in the concerned matter. Talaq is the urdu term for the same and Triple Talaq is a malignant form of divorce practice which is pronounced thrice by a man in one sitting which is also called Talaq-i-Bid’ah . This means innovated (or sinful) when the wife is in the state of purity (tuhr) or when she is not menstruating.

In this research paper the researcher writes about the Muslim personal laws relating to Talaq and also about the recent developments in the same case. It provides a plausible interpretation of article 14, 15 and 21 and the rights enshrined in these articles in order to abolish this discriminatory practice. Researcher has also worked upon to provide a global perspective of the practice of Triple Talaq with the reference to Quran. Researcher has also analyzed the precedent: Shayara Bano v. Union of India and Ors. which led to criminalization of Triple Talaq.

The researcher has aimed at providing a critical analysis of the topic ‘Triple Talaq- Islamisation of women and Global Perspective’. It is hoped that it will open the minds of the law students about the laws governing divorce in Muslim personal laws.

Introduction

The last decade is widely known for people’s growing interest in the areas of social justice especially when it comes to minority masses. One of the main reasons for this can be the growth of social media and technology through which people come to know about what is happening in each and every corner of the world within a second. One such topic is Triple Talaq or Talaq e biddat which has been practiced in India since 1400 centuries, under which a Muslim man can divorce his wife merely by pronouncing Talaq word thrice irrespective of his wife’s physical presence. This practice has been criticized by Government, Judiciary and many NGOs working for human rights. However the ban on such derogating practice has been resisted by  All India Muslim Personal Law Board i.e., AIMPLB on the grounds that Triple Talaq is a major constituent of Muslim Personal Laws, governed under Shariat law, 1937 existing since the British colonial period, recognized by both the Supreme Court of India and The Constitution of India and fearing that banning such practice would lead to the development of Uniform Civil Code, which will affect the very nature of their religion and also their freedom to freely practice their religion. But one thing we all should realizes that Personal Laws are derived from customs. Once custom become widely prevalent, it takes the form of law and if such customs are evil, derogating, violating the human rights, then such customs should be banned and should not be allowed to be a part of Personal Laws.

History of muslim personal laws ( Shariat Laws )

Shariat laws govern the Muslim Personal laws in India. They laws can be said as a combination of Quran and teachings and of Prophet Mohammed. Shariat laws had been evolved long back years ago before the evolution of Islam in Arabia. Before the beginning of Islam in Arabia, there existed a tribal structure which had its certain set of norms, used to govern their life and to provide solutions to every problem that ever existed. But with the beginning of Islam in Medina and other nearby areas, the above said set of norms got replaced with Shariat laws. However Shariat laws does not remained static over the years, they changed as per the demand of its community.

Origin of Shariat Laws in India

The customary laws prevailing at the time of British India were simply disgraceful for the Muslim women and were considered oppressive towards women. Several Muslim women organizations protested against it and demanded that there should be Muslim ‘personal laws’ applicable to them. This led to the passing of Muslim Personal Law (Shariat) Application Act, 1937. Section 5 of Shariat Act dealt with Dissolution of Marriage and stated certain grounds for seeking Divorce. Later on, Section 5 of the said Act was deleted.

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It must be noted that there was no provision for Muslim women to seek divorce from her Muslim Husband, therefore, Dissolution of Muslim Marriages Act, 1939 came into force thus, replacing Section 5 of Shariat Act, 1937.

Divorce or Talaq in Islam

Islam, however recognizes Divorce but as a necessary evil. In one of the Hadith (Prophet’s saying) it is mentioned that “Of all the permitted things, Talaq is the most abominable with God”.[1]

Talaq is an Arabic word meaning, “Repudiation or Releasing from a knot (releasing  women from marriage tie)”. The process of Divorce initiates soon after the pronouncement of the word ‘Talaq’ and presence of wife is not necessary. In Moonshee Buzloor Rahim v. Laleefutoon nisa, it was said that under Muslim Law talaq is merely an arbitrary act of a Muslim husband, who may repudiate his wife at his own pleasure with or without cause. He can pronounce talaq irrespective of time, place and presence of his wife. According to Islam, Marriage is a form of civil contract and it can be dissolved when it fails to serve its purpose but this doesn’t means that marriage is not to be respected rather it should be respected and continued as far as possible.

 In Islam, ‘Talaq’, namely, divorce at the instance of the husband, is of two kinds (oral form) –‘Talaq-al-sunnah’ and ‘Talaq-e-biddat’. ‘Talaq-al-sunnah’ is further divided into two different forms i.e., (i) ‘Hasan’, where talaq comprises of three pronouncements made during three consecutive ‘Tuhrs’ (period of purity of wife) and when the last pronouncement takes place, talaq become irreversible.  (ii) ‘Ahsan’, where talaq comprises of single pronouncement made during the wife’s ‘Tuhr’(period of purity i.e., period between two menstruations) and o the lapse of the term of three ‘Tuhrs’ the divorce become irreversible.

 Whereas ‘Talaq-e-biddat’ or ‘Triple Talaq’ is the disapproved form of divorce and referred as an unorthodox divorce. It is one of the most sinful practices,and  recognized by Mohammedan Jurists nor have any constitutional validity. According to Ameer Ali, ‘Talaq-e-biddat’ was introduced in the second century of Muhammadan era, by Omeyad Monarchs as a way to escape strictness of law.[2].

Triple Talaq become effected after the pronouncement of the word ‘talaq’ either at same time time, or same meeting or on different occasion in the same period of ‘Tuhr’[3]

As far as Right to Divorce is concerned, Islam grants right to Divorce to both husband and wife as it considered marriage a civil contract therefore granting both the parties equal rights. When the dissolution of marriage proceeds from the husband’s side then it is called ‘ Talaq’, when proceeds from wife’s side (which came into existence after the reforms made in Mussalman Law of Divorce)  then it is referred as ‘Khula’ and when the dissolution proceeds from both of them then it is termed as ‘Mubaaraab’[4].

The Holy Quran With Reference to Triple Talaq

When it comes to Quran with reference to Triple Talaq, it is nowhere mentioned in Quran that Triple Talaq at a time will be considered three talaqs. In verses ‘229’, ‘230’ of the Holy Quran, it states that, Divorce for the reason of mutual incompatibility is allowed and in order to prevent erratic and fitful repeated separations and reunions, a limit of two divorces is prescribed Reunion after two divorces is permissible but, when divorce is pronounced for the third time, between the same parties, it becomes irreversible, until the woman marries some other man and he divorces her.[5]

The word “marrataan” (two times) in this verse means repeating the word talaq’ or to give divorce with the specification of number. They say that if the words “talaq,talaq, talaq” are pronounced or “three talaqs” is uttered then it is three talaqs. The fact, however, is that “marrataan” does not mean to repeat the word talaq but it means to give talaq on a second time.[6]

In order to prove this, Shams Prizada in his book “Triple Talaq In the light of Quran and Sunnah” took the reference of word “marrataan” in Arabic language, which means, Marratan Baad Marrah (On another occasion after the first time) It never means mere verbal repetition of a word.[7] Talaq-e-Bidat, is considered to be the most sinful, innovated form of divorce as it is against the letter and spirit of Quran and was disallowed by the Prophet (PBUH) himself.[8]

Most importantly, the verse ‘230’ of the Holy Quran requires the husband to restrain himself, from dissolving the matrimonial tie, on a sudden gust of temper or anger.[9]  Al Ghazaalee once remarked that in Islam divorce can be taken not with the motive to bother or trouble the wife rather on just grounds and in the case of extreme necessity.[10]

Mohammed Ali in his book, ‘Religion of Islam’ observed that, “ The impression that Muslim Husband may put away his wife at his simple caprices then it is a grave distortion of Islamic Institute of Divorce.[11]

Despite being this, nowadays, most of Triple Talaq cases (reported) were due to Husband’s sudden gust of temper or anger or on petty grounds. Talaq-e-Bidat, is considered to be the most sinful, innovated form of divorce as it is against the letter and spirit of Quran and was disallowed by the Prophet (PBUH) himself.[12] Thus, understanding the verses of Quran, it is imperative that Triple Talaq is not in conformity with the unambiguous commandments of the Holy Quran and cannot be held as valid constituents of Muslim Personal Laws.

Status Quo

The present scenario of validity of Triple Talaq can be accessed from the most recent case Shayara Bano v. Union of India and Ors. where a writ petition has been filed by Shayara Bano for assailing the divorce pronounced by her husband, the Supreme Court of India held the practice of Triple Talaq as invalid, unconstitutional. Reasons given for the same are :

That since all forms of Talaq recognized and enforced by Muslim personal law are recognized and enforced by the 1937 Act. It would necessarily include Triple Talaq when it comes to the Muslim personal law applicable to Sunnis in India. Therefore, it is wrong to say that Section 2 of 1937 Act does not recognize or enforce Triple Talaq. It clearly does both, because the Section makes Triple Talaq “the rule of decision in cases where the parties are Muslims”. And 1937 Act is a law made by the legislature before the Constitution came into force, it would fall within the ambit of the expression “laws in force” in Article 13(3)(b) and would be hit by Article 13(1) if found to be inconsistent with the  provisions of Part III of the Constitution, to the extent of such inconsistency.[13]

 Therefore it has been declared void and unconstitutional.

Constitutional validity of triple talaq

The Constitutional validity of the sinful practice of Triple Talaq can be challenged on the grounds of Article 14, 15 and 21. In a recent case of Smt. Sumaila vs. Aaqil Jamil and Ors [14]where husband divorced his wife by triple pronouncement was held by Allahabad High Court as wrongful and violative of Article 14[15] which read as follows “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”, and Equality is one of the magnificent corner-stones of the Indian democracy[16], Article 15(1)[17], “(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them” and Article 21 which guarantees Right t Life and Personal Liberty.[18]

To this AIMPLB argued that though triple divorce is sinful, still it is a valid way to get divorce. It further stated that Triple Talaq is bad in character but good in theology or law.

This was just a single case, there are many other cases like Jiauddin Ahmed v. Anwara Begum[19] which held Triple Talaq as unconstitutional.

Why do we need to ban triple talaq?

Following petitions that were filed in Supreme Court by the Muslim women there has been an ongoing debate about Triple Talaq ban and its abolition. There are for the same two views one of the All India Muslim Personal Board and the other of Muslim women themselves. The one here wishes to maintain the status quo whereas the latter wants to bring equality and justice for those who suffer or who might suffer. Ninety two percent of the Muslim women want the oral talaq to end and this is not the worst; women are being divorced over Skype, mail and even through SMS. This leaves the dependent wives helpless as they are rendered homeless overnight, left destitute with no help for their children either, after they are divorced instantly by their husbands. This is the distorted right that our country provides of equality to men and women where the talaq is only unilateral.

We are the nation which proudly professes about it being the largest democracy and ensures to both men and women equal rights meanwhile it claims itself to be a secular state. However, under all these pretty claims there lies heinous and discriminatory laws which jeopardize the lives of many people who are in most cases unable to earn a living for themselves. The different courts in India have passed various judgements in the cases of Triple Talaq which is not helping the Muslim women as well. Triple Talaq, a patriarchal practice should be banned because first, it is unconstitutional; secondly, it leave the women who are divorced and dependent in acute poverty; thirdly, it is un-Quanric.

Ever since the constitution has been implemented in 1950 the citizens have become more aware of their rights especially Muslim women in this case. Article 14 which states that “Equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”[20] and the Muslim women are fighting for the same. The majority of the judges in a petition were of the view that is not integral to religious practice and violates constitutional morality. We can also call this a revolutionary move as women who are semi-educated are knocking the doors of Supreme Court to abolish this practice of instant unilateral divorce. The court should not resort to the personal laws to provide justices who come to seek it rather SC should provide remedy within the Constitution. Consequently, the Muslim women are willing to speak out against injustice, and they are now finding ways to challenge structure of powers in their community which denies giving them equal status. The patriarchy and power plays masquerade as religion and deprive people of their rights.[21]

The Sachar Committeee report has established that Indian Muslims live in poverty, socio-economic backwardness and are marginalized. The condition of Muslim women is no better they already suffer in the matters of polygamy, halala, inheritance and custody of their children. The women’s approaching the court to seek justice is itself a challenge. A broad reflection is crucial, and there’s abundant evidence that Muslim women rank below the national average when it comes to literacy, schooling and the workforce. For example, 48% of all Muslim women are illiterate, higher than the national average of 44%; the enrolment rate of Muslim girls in schools is 40.6% compared to 63.2% for caste Hindus; work participation of Muslim women in 2011 was just 14.8% , well below the already low 27% for all women. This marginalization is compounded by the fact that Muslim women’s issues are often only discussed as religious ones[22].This doesn’t just reinforce the centrality of personal laws, but glosses over the economic, political, and social problems that define the everyday experiences of Muslim women.[23]This shows that Muslim women are not independent enough to maintain themselves, and Triple Talaq by which women are instantly divorced leaves them destitute making their condition more pitiable.

In the case of A.S. Parveen Akhtar v. Union of India it was observed that the practice of Triple Talaq among the Muslims is illegal as per the Holy Quran and is considered sinful. Triple Talaq is nowhere mentioned in the Quran and this might be one of the reasons as to why this practice is banned in certain Islamic countries. The Quran gives equal rights to husband and wife to seek divorce and it does not even allow instant divorce by husbands. There are a number of verses in the Quran which calls for attempts to reconcile the marriage if any discord occurs. It calls for mediators from the families of both the parties if reconciliation does not work out and the mediation process is carried out for a period of 90 days. Divorce can happen at the end of this period, so the question of unilateral or instant divorce does not arise. This practice of Triple Talaq, as practiced in our country, is absolutely un-Quaranic. An incident which is widely known when the Prophet of Islam was aggrieved over a man for divorcing his wife in an instant and the man was also reprimanded by the Prophet for this act. The Shia community in India, too, does not hold it as valid. Further, in the case of Saleem Basha vs. Mumtaz Begam, 1998 Cri. L.J. 4782 it was observed that the correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation by two relations, one each of the parties, is an essential condition precedent to talaq. It is fallacy that a Muslim male enjoys, under the Quranic law, unbridled authority to liquidate the marriage. The Holy Quran expressly forbids a man to seek pretext for divorcing his wife, so long as she remains faithful and obedient to the husband.[24] Professor Wener in had his own views about Triple Talaq which states that the spouse whose partner wants to terminate the marriage contract really has no meaningful defense.[25]

Judicial pronouncement on triple talaq

The Islamic practice of Muslim men divorcing their wives instantly has been declared unconstitutional, void and illegal after decades of Muslim women campaigning about it. The Supreme Court took up the issue when seven victims and women’s group filed the petition against the same. Progressive Muslim women’s groups say Islamic religious authorities especially males have been resistant to give up men’s power to instantly leave their wives. India’s Muslim community is also generally poor and lack the basic education which activists say has made it more difficult for women to mount legal and social campaigns against this practice[26]. In the case of Muzaffer Ahmed Thoker v. Shaheena Akhter and another it was noted that any attempt to save the marital tie in the case of Triple Talaq, which operates immediately, is out of question and cannot ever take place which leaves the divorced woman to herself.

In the other case of Shamim Ara v. State of U.P., the ratio of the case was whether a written statement by the husband that he had divorced his wife (without communicating the divorce to her) would amount to a divorce effective from the date of filing of the written statement. The judge stated in the judgement that the correct legal position is that a mere plea of divorce given in a written statement by the husband will not by itself operate as proof of talaq; therefore, it can’t be said that talaq will effect from the date the written statement made by the husband comes to the knowledge of the wife. The judge made orbiter dicta by saying that “None of the ancient holy books or scriptures of Muslims mentions in its text such a form of divorce as has been accepted by the High Court and the Family Court. No such text has been brought to our notice which provides that a recital in any document, whether a pleading or an affidavit, incorporating a statement by the husband that he has already divorced his wife on an unspecified or specified date even if not communicated to the wife would become an effective divorce on the date on which the wife happens to learn of such statement contained in the copy of the affidavit or pleading served on her[27]”. The Allahabad High Court has come down strongly in the support of Muslim women on the issue of Triple Talaq and it has adjudged many cases which deal with Muslim personal laws as it accounts for 19 percent of the Indian Muslim population[28].

A Supreme Court in October 2015, bench which was dealing with a case related to the Hindu Succession Act requested the Chief Justice of India to set up a separate bench to examine if Muslim women face gender discrimination in cases of divorce. Attorney General Mukul Rohatgi was asked to assist the court in pleas challenging the validity of Triple Talaq. The government had vehemently opposed the practice of Triple Talaq in the court. A five-judge Constitution bench was set up to hear the plea in May 2017. The court initially consulted with the All India Muslim Personal Law Board (AIMPLB) whether it was possible to introduce the option for women to say ‘no’ to Triple Talaq.[29]

In another case of Masroor Ahmed v. State it was observed that “The status of Muslim women under the so-called Customary Law is simply disgraceful. All the Muslim Women Organisations have therefore condemned the Customary Law as it adversely affects their rights. They demand that the Muslim Personal Law (Shariat) should be made applicable to them. The introduction of Muslim Personal Law will automatically raise them to the position to which they are naturally entitled. In addition to this present measure, if enacted, would have very salutary effect on society because it would ensure certainty and definiteness in the mutual rights and obligations of the public.[30]

These are strong words that indicate that the Indian judiciary may be reaching a turning point where it is no longer willing to subordinate its sense of judgement to the whims of Islamic clerics and political correctness.[31] Amid opposition from the AIMPLB, which said that the practice was 1,400 years old, the court declared the practice illegal in August 2017.[32]

This form of talaq as held by the SC in the case of Shayaro Bano v. Union of India  must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India. In our opinion, therefore, the 1937 Act, insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the Muslim Personal Law Act, 1937 to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him[33].

Conclusion

Triple Talaq is such a practice that is irrevocable and it gives Muslim men absolute right to divorce their wives without their consent. This is practice unilateral by which the women has to suffer as it deprives her of economic security, protection and social security and thus, it makes this practice discriminatory in nature. It takes away their right to equality and right to live a dignified life enshrined in article 14 and 21 respectively.[34] In the case of A.S. Parveen Akthar v. Union of India[35], the Supreme Court held Triple Talaq valid, this inflicted great blow to the fundamental rights that is an integral part of Constitution and is a part of basic structure. This clearly violates the rights of an individual laid down in article 14, 15 and 21 of the constitution. Right to equality is one of the magnificent corner-stone of the democracy in India.[36]

The Supreme Court pronounces the privilege of equality as the essential component of the Constitution.[37] Article 15(1) of the Constitution prohibits the state from discriminating against any individual in the Indian territory on the grounds of religion, race, sex, or any of them. Such form of talaq violates article 15 on the basis of religion and sex as well as it discriminatory toward women. The Article 21 of the Constitution clearly reads right to life and liberty except by the procedure established by law. g Digressing from the usual format of divorce, Triple Talaq is damages the essence of Article 21.

 

The centre has taken a step towards criminalizing this practice after the SC, in a landmark judgement, set aside centuries-old practice of Triple Talaq. The bill has been passed by the Lok Sabha and but it is yet to be passed by the Rajya Sabha as they consider some recommendation as unjust because the bill criminalises talaq-e-biddat even if the divorce not followed by eviction or desertion of the wife.

The centre has taken a step towards criminalizing this practice after the SC, in a landmark judgement, set aside centuries-old practice of Triple Talaq. The bill has been passed by the Lok Sabha and but it is yet to be passed by the Rajya Sabha as they consider some recommendation as unjust because the bill criminalizes talaq-e-biddat even if the divorce not followed by eviction or desertion of the wife.

Constitution empowers the state to adopt measures to uplift the status of women. India has ratified several international conventions and instruments which commit to secure a respectable position of women. One such convention is the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) which India is signatory. Triple Talaq is violative of Convention on Elimination of All Forms of Discrimination Against Women (CEDAW). Under CEDAW, India has the obligation to enact legislation to protect Muslim women from the unilateral form of divorce and provide them equal status as men.[38] There is crying need for a comprehensive legislation to be drafted under the guidance. Islamic law is so progressive that it can become basis for a Uniform Civil Code. However, conservative Muslim society dragged the Quran pronouncement to its own level and introduced, through human reasoning many measure, which curbed women’s rights. Despite reforms in other countries women have not got full measure of equality, which the ULEMA theoretically concede.[39] If the state enacts of Uniform Civil Code it could bring an end to this form of injustice done to Muslim women. If this form of talaq will be removed from the system it will open up avenues to bring justice and equality to the entire community.

Endnotes

[1] Furqan Ahmad, Triple Talaq: An Analytical Study With Emphasis On Socio-Legal Aspect (Regency Publications) (1994).

[2] 2 Ameer Ali, Mahommedan Law (1985).

[3] Furqan Ahmad, Triple Talaq: An Analytical Study With Emphasis On Socio-Legal Aspect (Regency Publications) (1994).

[4] 2  Ameer Ali,  Mahommedan Law (1985).

[5] Abdullah Yusuf Ali, The Holy Quran: Text Translation And Commentary (Kitab Bhawan, New Delhi, 14th ed. 2016).

[6] Shams Prizada, Triple Talaq In The Light Of Quran And Sunnah (Dara dawat ul Quran Publications, Mumbai) (1996).

[7] Shams Prizada, Triple Talaq In The Light Of Quran And Sunnah (Dara dawat ul Quran Publications, Mumbai) (1996).

[8] Asghar Ali Engineer, Islam Women And Gender Justice 134-135 (Gyan Publishing House (1st ed.  2001). 

[9]  Abdullah Yusuf Ali, The Holy Quran: Text Translation And Commentary ( Kitab Bhawan, New Delhi, 14th edition, 2016).

[10] Ahmad A. Galwash, The Religion Of Islam  118 (1945).

[11] Mohhamed Ali, The Religion Of Islam  672 (1936).

[12] Asghar Ali Engineer, Islam Women And Gender Justice 134-135 (Gyan Publishing House (1st ed.  2001).   

[13] Shayara Bano v. Union of India and Ors.

[14] Smt. Sumaila v. Aaqil Jamil and Ors ,2017 S.C.C. 1325.

[15] INDIA CONST. art. 14.

[16] Indra Sawhney v. Union of India, A.I.R. 1993 S.C. 477.

[17] INDIA CONST. art. 15, cl. 1.

[18] INDIA CONST. art. 21.

[19]Jiauddin Ahmed v. Anwara Begum, Criminal Revision No. 199 of 1977.

[20] INDIA CONST. art. 14.

[21]Anita Yadav, Article, Rights of Muslim Women: An Analysis of Indian Muslim Personal Law, 1 Research Gate 3 (2015).

[22] Lal Mohd , Marriage and Divorce in Islam, Ontario Consultants on Religious tolerance (May 31, 2018 2:18 PM) www.religius tolerance.org/mohd.html.

[23] Zoya Hasan, ‘Triple talaq’ abolition is only the start of a larger campaign for gender justice in India, The Conversation (June 4,2018, 10:14 AM) https://theconversation.com/triple-talaq-abolition-is-only-the-start-of-a-larger-campaign-for-gender-justice-in-india-83089.

[24] Saleem Basha v. Mumtaz Begam, 1998 Crim. L.J. 4782.

[25] Professor Kusum, Family Law Lectures, Family Law I 349 (3d 2011).

[26] Michael Safi,India court bans Islamic instant divorce in huge win for women’s rights, The Guardian, Aug. 22,2017,  at 3.

[27] Shamim ara v. State of U.P., (2002) 7 S.C.C. 518.

[28] Himanshi Dhawan, 92% of Muslim women in India want oral Triple Talaq to go: Study, The National Network (June. 08, 2018, 02.18 PM  IST), https://timesofindia.indiatimes.com/india/92-of-Muslim-women-in-India-want-oral-triple-talaq-to-go-Study/articleshow/48565408.cms.

[29] Express Web Desk,Triple Talaq-From Supreme Court’s Landmark Judgement to Parliament’s Push to Criminalise the Practice,The Indian Express , Jan. 28,2018,  at 8.

[30] Masroor Ahmed v. State, 2008 (103) D.R.J. 137.

[31]Tufail Ahmed, Triple Talaq Violates Fundamental Right- Supreme Court should rule against it ,Firstpost,(June 7 ,2018, 9:04 PM) https://www.firstpost.com/india/triple-talaq-violates-fundamental-right-supreme-court-should-rule-against-it-314806.html.

[32] Express Web Desk, Supra note 34.

[33] Shayaro Bano v. Union of India and Ors.

[34] INDIA CONST. art. 14, 15 and 21.

[35] A.S. Parveen Akthar v. Union of India, 2002 (3) K.L.T. 537.

[36] Indra Sawhney v. Union of India, A.I.R. 1993 S.C. 477. 

[37] Raghunath Rao, Ganapath Rao v. Union of India, A.I.R. 1993 S.C. 1267. 

[38] Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 

[39] Asghar Ali Engineer, Abolosing Triple Talaq what next? 39 Economic and Political Weekly 3093, (2004).


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