Constitutional equality and emancipation of Muslim women in India via triple Talaq law: Whether feasible without equal family code?
Muslim women are such susceptible section of women within the vulnerable who have been incessantly fighting for their rights since time immemorial. In patriarchal chauvinistic society like India, women rights are always kept in abeyance, but after seventy-four years of independence and unrelenting struggle within their own social structure now it’s high time that these equal citizens (Muslim female) forming 6.9 % population of the countries should be given their equal rights. The list of inequalities is long and hefty but in this article the researcher will be focussing on one of such issues regarding Muslim women, which was recently in limelight i.e. related to divorce or triple talaq. The few questions which the researcher try to ponder over in present article are what is Triple talaq, how it is different from other talaq types. On what grounds talaq is given by Muslim male. If Muslim female do not want divorce, what is the remedy available to her. Whether right to have a quality life is hampered by the unbridled power of divorce in hand of husband. Also, the stand/tussle of legislature and judiciary will be seen. Whether the present act, criminalising triple talaq, is enough to redress the long-standing call for equality by Muslim women. In the present article the researcher will try to focus on these imperative issues and try to figure out some suggestions also, necessary for the upliftment of the condition of Muslim Women today.
Anju. Constitutional equality and emancipation of Muslim women in India via triple Talaq law: Whether feasible without equal family code?. International Journal of Law, Volume 8, Issue 3, 2022, Pages 76-82