Population Youth / The End To Instant Divorce In India?

The End To Instant Divorce In India?

India is built on several religions coming together to form one nation. Though India is predominantly Hindu, it does have a large Muslim minority. While the same criminal law guidelines apply to all Indian citizens, when it comes to personal law, India being secular and democratic in nature allows its minorities to apply civil or personal law according to their faith.

In Islam there are certain rules and religious obligations that individuals must follow, some of which are so exclusive that an Indian Muslim Law board has been long-established in order to monitor these obligations. One of these ancient, and some may argue outdated, regulations is the “triple talaq rule”. This allows any Muslim man to utter the words talaq, meaning divorce, to their wife three times and instantly divorce their partner. This not only plays tremendously on the power dynamic of each relationship but is demeaning and condescending towards women. A recent survey suggested that 92% of women stated they wanted a ban on this rule. As a result, there has been tremendous effort in the Indian courts to abolish this rule as many have stated that it defies Article 14 and 21 in the Indian Constitution – preserving equality and personal liberty.

Recently in the Supreme Court 3/5 judges ruled for the abolishment of this law which has resulted in a six month suspension of the “triple talaq rule”. However, several from the Muslim community are arguing that this is not a matter for the public court to decide as when personal religion gets mixed with public policy society becomes more volatile.

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