The Supreme Court on Tuesday said that the Muslim practice of instant divorce is Unconstitutional, striking it down. This battle was not easy and it is the big Victory by rights activists.


The Bench of Supreme Court comprised of five judges of different faiths. The order comes in response to petitions by the seven Muslim women who had been divorced from triple talaq.  In India Muslim women have complained of living in the fear of being thrown out of their homes because a Muslim man can end years of marriage, just by saying the word “Triple Talaq” which means three times divorce.


Let’s Go Deep Now,

Last year a 35-year-old mother approached the Indian Supreme Court seeking justice. The petition by Shayara Bano, filed in February 2016, and said she was visiting her parents home in the Uttarakhand for medical treatment then she received her talaqnama (Divorce Letter) – a letter from her husband. Her attempts to reach her husband, who lives in the  Allahabad, were unsuccessful. And she was also denied access to her children.

The petetion made by her, demanded a total ban on the practice of triple talaq because it allowed men to treat their wives like “Chattels”. And also asked the court to ban halala (in which a divorced woman has to marry other man & consummate her marriage to go back to her former husband), second one polygamy (In India Muslims are allowed to take four wives). She said these practices were “unconstitutional, illegal, discriminatory & against the gender justice”.

Two months after the petition by Shayara Bano was filed, the another woman Aafreen Rahman raised her voice in the Supreme Court. And over the following weeks, two women’s organisations including BMMA and three other women filed similar petition in top court.

BUT What Was Different About Shayara Bano’s Case?

Over the years, Many of the Muslim women have challenged the triple talaq in courts. But the question is that what was different about Shayara Bano’s case? Beacuse this was the first time when a Muslim woman challenged her divorce on the basis of her rights that had been violated.

The campaign against the practice of triple talaq by the Bharatiya Muslim Mahila Andolan (BMMA) helped her and  Zakia Soman, one of the founder of the BMMA said “It’s nothing but the patriarchy masquerading as religion and who gave the right to take away our rights given to us by Allah?”

All cases were clubbed together, the court set up a bench of five judges – a Hindu, a Christian, a sikh, a Zoroastrian & one Muslim. The bench was headed by Chief Justice JS Khehar, and heard the case for six days from 11 May and the court did not accept that, just because it had been a custom for 1,400 years, then it should still be acceptable. On Tuesday’s order by Supreme Court that “instant divorce is illegal”. And at last Indian Muslim Women Won The Divorce Battle!!









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