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International Journal for Research Trends and Innovation
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ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Impact Factor : 8.14
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| Paper Title: | A Critical analysis of triple talaq criminalization: examining the constitutional and socio-legal aspects |
| Authors Name: | C Malleshwari |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_202034
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| Published Paper Id: | IJRTI2507040 |
| Published In: | Volume 10 Issue 7, July-2025 |
| DOI: | |
| Abstract: | ABSTRACT: Muslim women have long suffered from severe discrimination due to the practice of talaq-ebiddat. This procedure allows a marriage to end abruptly at the husband’s whim. The courts have often found this practice problematic, subject to certain limitations, leading to a shift in judicial perspectives. In the landmark case of Shayara Bano v. Union of India, the Supreme Court ruled against this practice. Subsequently, the Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017, outlawing the practice. Additionally, the Bill makes this form of divorce a criminal offense, punishable by up to three years in prison and ineligible for bail. The authors conduct a detailed analysis of this legislative measure, concluding that criminalizing this private action could negatively impact the sanctity of marriage. They argue that it is highly unlikely that the Bill will effectively ban triple talaq while safeguarding the rights of married Muslim women. They suggest an alternative approach that could address the deficiencies of the Bill while still fulfilling its intended goals. This in-depth investigation into the legislative and judicial handling of talaq-e-biddat highlights its sudden and unilateral nature, which has traditionally placed Muslim women in a vulnerable position. The legal framework prior to the enactment of the 2017 Bill offered limited recourse for women subjected to this practice. The Supreme Court’s decision marked a pivotal shift towards greater protection, yet the subsequent legislation has sparked debate over the appropriateness of criminalizing such personal matters. Critics argue that while the intent behind the Bill is commendable in seeking to protect women from abrupt marital dissolution, its approach—imposing criminal penalties—may not effectively address the underlying social and cultural issues. Instead, it could further complicate the legal landscape and potentially deter women from seeking legitimate relief due to the criminal implications for their spouses. The authors propose a more nuanced approach that might include enhanced legal education, broader social reforms to improve the status of women, and mediation mechanisms that encourage reconciliation where possible, without resorting to punitive measures. Such measures could work towards the dual objectives of abolishing triple talaq and genuinely protecting the rights of Muslim women, ensuring that reforms are both effective and respectful of cultural practices. By presenting an alternative strategy, the paper aims to contribute to the ongoing discourse on how best to reform sensitive cultural practices through legislation, without infringing on individual rights or undermining the institution of marriage. The authors emphasize the need for a balanced approach that addresses both legal and societal dimensions, ensuring that any legal reforms in the domain of family law are both just and practicable. |
| Keywords: | Triple talaq,shayara bano, practice, discrimination |
| Cite Article: | "A Critical analysis of triple talaq criminalization: examining the constitutional and socio-legal aspects", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 7, page no.a340-a349, July-2025, Available :http://www.ijrti.org/papers/IJRTI2507040.pdf |
| Downloads: | 000393 |
| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
| Publication Details: |
Published Paper ID: IJRTI2507040
Registration ID:202034
Published In: Volume 10 Issue 7, July-2025
DOI (Digital Object Identifier):
Page No: a340-a349 Country: Bellary , Karnataka, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2507040 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2507040 |
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ISSN: 2456-3315
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