On August 22, 2017, the Supreme Court of India delivered a historic judgment that would mark a turning point in the struggle for gender justice and equality for Muslim women. Setting aside the centuries-old practice of instant Triple Talaq (Talaq-e-Biddat), the apex court upheld Muslim women’s dignity, equality, and constitutional rights. This watershed moment laid the foundation for a landmark legislative reform—The Muslim Women (Protection of Rights on Marriage) Act, 2019.
Prime Minister Shri Narendra Modi hailed the Supreme Court’s judgment as “historic,” calling it a “powerful measure for women empowerment” and a significant stride toward equality for Muslim women.
What is Triple Talaq?
Triple Talaq, or Talaq-e-Biddat, was a practice under Islamic personal law where a Muslim man could unilaterally divorce his wife by uttering the word “talaq” three times—either orally, in writing, or even electronically. This unilateral action did not require any justification or the wife’s presence and offered no opportunity for reconciliation, often leaving women helpless and destitute.
The Demand for Change: Shayara Bano’s Courage
The demand to ban this practice had long echoed among Muslim women. One of the pivotal voices in this movement was Shayara Bano, a resident of Uttarakhand, who her husband and in-laws mentally and physically tortured over dowry demands. After 14 years of marriage, her husband abruptly ended the relationship by sending a letter pronouncing instant Triple Talaq. He also denied her custody of their children.
Shayara Bano challenged the practice in the Supreme Court, arguing that it was discriminatory and violated women’s dignity and rights. Her case catalyzed national discourse on gender justice within the framework of religious personal law.
Supreme Court Verdict
On 22nd August 2017, the Supreme Court delivered a majority judgment declaring that the practice of instant Triple Talaq was unconstitutional. It held that this form of divorce was manifestly arbitrary, as it allowed a Muslim man to dissolve a marriage without any attempt at reconciliation capriciously.
The Court ruled that Triple Talaq violated Article 14 of the Constitution, which guarantees equality before the law, and was inconsistent with constitutional morality and the dignity of women. This judgment also affirmed the Government’s stance that the practice was against gender equity and justice.
Need for Legislative Reform
Despite the Supreme Court’s judgment, reports emerged of over 100 cases of Triple Talaq being pronounced between August and December 2017. The practice continued since the judgment did not criminalize the act or provide a punitive framework.
Recognizing the need for enforcement and legal deterrence, the Government introduced an Ordinance in September 2018, followed by two more. Ultimately, the Muslim Women (Protection of Rights on Marriage) Bill, 2019, was passed by the Lok Sabha on 25 July and the Rajya Sabha on 30 July 2019 and received Presidential assent.
Key Provisions of the Act
The Muslim Women (Protection of Rights on Marriage) Act, 2019, came into force retrospectively from 19th September 2018, and included the following provisions:
- Declares instant Triple Talaq as void and illegal.
- Prescribes imprisonment of up to 3 years and a fine for the husband who practices it.
- Grants the wife custody of the minor children.
- Entitles the wife to a subsistence allowance, to be paid by the husband.
- Allows the woman to file a complaint with the police or a magistrate, making the offence cognizable and non-bailable, but with safeguards for reconciliation.
Quantitative and Qualitative Impact
Implementing this law has led to a sharp decline—around 82%—in cases of Triple Talaq within one year. Reports from police departments and media sources confirm that the fear of legal consequences has acted as a strong deterrent.
The Act also uplifted the socio-economic condition of Muslim women, offering them relief from the fear of sudden abandonment and shielding them from domestic violence and unjust treatment.
Celebrating Change: Muslim Women’s Rights Day
1 August is observed as Muslim Women’s Rights Day across the country to commemorate this significant reform. It celebrates the empowerment of Muslim women and the Government’s commitment to upholding their self-respect, self-reliance, and dignity.
Conclusion
The Muslim Women (Protection of Rights on Marriage) Act, 2019, is more than a legal instrument—it is a societal milestone. It reflects India’s commitment to equality, justice, and secular values and marks the end of a practice that violated women’s fundamental rights.
In abolishing Triple Talaq, India has not only upheld the constitutional values enshrined in its democracy but has also taken a decisive step toward ensuring that no woman lives in fear of unjust abandonment. It is a model of how progressive legislation, backed by judicial intervention and public will, can reshape societal norms.