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No More Waiting For Justice

Bulbul Chatterjee
Student of L.L.M.
Jaipur School of Law, Maharaj Vinayak Global University
Rajasthan, India
Mani Kumar Meena
Asst. Professor of Law
Jaipur School of Law, Maharaj Vinayak Global University
Rajasthan, India

Volume II – Issue IV, 2019

The current article is based on Triple Talaq, cantered on the Shayara Bano and Bill which presented on the floor of Loksabha which is known as Muslim Women (Protection of Rights on Marriage) Bill, 2019. The whole triple talaq debate has become a battleground for the culture versus modernity.

Triple Talaq is based on certain aspects of Islamic laws which amount to gender discrimination and hence violates the constitution misses the point of inter-sectionality.

 As per the liberal interpretation of rights for empowerment of women we need to subordinate the category of religion and customs.

However, constitutional rights would a dead book if we do not implement the manner in which identity politics unfolds especially in case of women.

There is an already existing legal precedent established by the apex court with respect to Triple Talaq which should be followed. The identity of Muslim women must be understood at the intersection of gender and religion.

The journey of Triple Talaq can be seen from the case of shah Bano to shayara Bano. These two leading cases are the basic of the verdict given in Triple Talaq. Shah Bano laid down the foundation for the illegality of Triple Talaq and shayara Bano took it to the end. The journey has faced many hurdles but has settled now. The Supreme Court said that Triple Talaq is very worst and unacceptable form of dissolution’. The right to religious freedom applies on men and women equally. This case of Triple Talaq verdict was a historic verdict as it maintains the truth and faith of the people in the judiciary system of India as in this case, “justice and equality has overcome religion”. This lawsuit was a milestone in judiciary as it was courageous, bold, impartial and unique decision. This judgement has marked the value of maintenance which should be provided to the divorced Muslim women who are not able to earn and maintain themselves.

Codification of this judgement in a form of legislation is very important for the right implementation of the judgement passed on Triple Talaq, it is necessary to codify the Muslim law. The status of Muslim women improved as compared to earlier.

 

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