REVOCATION OF TRIPLE TALAQ IN INDIA VIS A VIS GENDER JUSTICE
Gender inequity, gender-bias, Indian judiciary, personal laws, fundamental rights.
ABSTRACT
In a democracy, the legislature has the power and obligation to make laws. Yet, gender inequity is perpetuated by acts like polygamy, Triple Talaq, and Nikah Halala. Ever since the origin of civilizations witnessed by India, women have been struggling to fit in the society fighting for the equal laws. But as the society in India is governed by the patriarchal laws since ancient times, there have been various gender-biased rituals and customs which have taken place within the personal laws. Triple Talaq, also called talaq-e-biddat, before being declared unconstitutional by Hon’ble Supreme Court of India, was a form of instantaneous talaq pronounced three times in one go by a male partner to his spouse which instantly violated the fundamental rights of the female partner as provided by the Constitution of India, making her life miserable to survive. How could anyone imagine achieving gender equity in the truest sense when the evil gender based practices like Triple Talaq existed as a component of personal law? A number of Islamic nations already outlawed and declared illegal the idea of instant divorce, even before it got outlawed in India. Big thanks to the Indian judiciary, which, after taking a while, finally ruled that the evil custom of triple talaq was unconstitutional, clearing the door for gender justice.
"REVOCATION OF TRIPLE TALAQ IN INDIA VIS A VIS GENDER JUSTICE", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.8, Issue 3, page no.c236-c243, March-2023, Available :https://ijnrd.org/papers/IJNRD2303234.pdf
Volume 8
Issue 3,
March-2023
Pages : c236-c243
Paper Reg. ID: IJNRD_188952
Published Paper Id: IJNRD2303234
Downloads: 000118854
Research Area: Other
Country: Mahendragarh, Haryana, India
ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publisher: IJNRD (IJ Publication) Janvi Wave
