Sridhar Babu R
2nd year student of LL.M,
School of Legal Studies, Reva University, Bangalore
Abstract
As India is a secular and diverse country, their own personal laws govern people belonging to different religions. Shariat law governs Muslims in India, practice of triple talaq by the Muslim men for repudiation of marriage is increasing day by day, and society has witnessed many instances to this regard. Muslim men are misusing the practice of instant triple talaq by pronouncing it through social media platforms for repudiation of marriage by which the Muslim women are facing many issues since their rights are grossly violated. Though the Supreme Court upheld the rights of Muslim women in its land mark judgement, the legislature was not successful coming out with supportive legislations in supportive of above-mentioned judgement. Though the preamble of the Muslim Women (Protection of Rights on Marriage) Bill 2018 aims to protect the rights of Muslim married woman, the same is not reflected in the provisions of the above-mentioned Bill. The enactment of the Bill is bound to open a Pandora’s Box resulting in never ending grievances and tears of Muslim woman, which in turn will end up at the doors of our already overburdened judicial establishment. Therefore, the author in this paper would like to critically analyse the provision of the bill and suggest the possible options to achieve the desired outcomes enshrined in the preamble of the present Bill.
Keywords: Muslim Women (Protection of Rights on Marriage) Bill 2018, Triple talaq, Muslim Marriage, Divorce in Islamic law
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