Q-What is triple talaq? What is the effect of recent SC judgement? Challenges in its implementation?(12.5 Marks)
Sol-It was a form of Islamic divorce practised by Muslims in India. It involves divorce by husband to wife by saying talaq three times verbally, written or even electronically.
Recently SC stuck down this provision by favouring fundamental rights over personal law. It would have following effect
1.Muslim women status would improve in term of their say in divorce
2.More option of reconciliation on divorce as the process would not be as easy, thus making reconciliation a feasible option
3.Better Socio-economic conditions of muslims in general as women empowerment result in improvement of whole society
4.Overall effect on women movement in the country
5.Opens doors of other baised treatment towards women in the country like rape by husband across the community.
Negative
1.initial backlash by muslim men as they loose the privileged position
Challenges in its implementation
1. Nexus between police and local community leaders would make it difficult to implement it
2.General lower position of women in the community would make some women to follow the tradition without questioning it
3.Social pressure on women with regard to talaq would make it difficult to report to police.
4.awareness of the judgement in the hinterland may not be as clear as required
5.clarity regarding order whether its valid just for instant triple talaq or for other as well where talaq happen in the period of 3 months.
Way to overcome challenges
1.Increasing more awareness at the ground level
2.involving community leaders in the process---nd making them aware of the benefit of implementing it
3.Also making more stringent punishment against the failure of its implementation.
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