“Triple talaq; the outlawed custom in India”


Every religion in India has its own understanding and custom which they follow and after a time which prevailed as personal laws.

One of them is the idea of “triple talaq” which is trailed by the Islamic culture in India The Muslim personal laws of India permit talaq-e-bidat i.e. verbal type of divorce in which the man says in one sitting “I divorce you” three times to his wife (triple talaq) disbanding the marriage without even giving a reason behind same.

Such “un-Quranic” practice under the Islamic law in India is not only odious to the dignity to women but also violates fundamental rights guaranteed under article 14, 15, 21 and 25 of the constitution of India. (Shayra bano v. union of India &Anr.)

Uniform civil code should be brought up by obliterating different personal laws of different religions in India. Where a state under article 44 of the constitution of India can apply uniform civil code when the question is about the gender inequality coupled with dignity of women as a symbol of un-constitutionalism. Article 25 mentions a right to practice a religion freely but the practice should not be a misuse like triple talaq a men centric custom and the Muslim women have to approach the court for the same decree and give a valid reason behind adopting divorce.

As a secular country “one country one law” which has prevailed in all Islamic countries must also preponderate above personal laws in India to uplift the gender inequality which happening over the country and moreover, the apex court in Danial Latifi & Another v. Union of India, (2001) case observed that the case must be on horizons of basic human rights, culture, dignity, decency of life, and should dictate of necessity in the pursuit of social justice thus, currently requires uniform civil code.