The Muslim Personal Law 

• [Talaq-e-Biddat or Triple Talaq is a form of divorce that was practiced in Islam, whereby a Muslim man
  could divorce his wife by pronouncing talaq three times. The man need not cite any reason for the
  divorce and the wife need not be present at the time of pronouncement of talaq.

The Muslim Women (Protection of Rights on Marriage) Act, 2019

Section 1. Short title, extent and commencement.
(1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2019.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir*.
(3) It shall be deemed to have come into force on the 19th day of September, 2018.

Section 2. Definitions.
In this Act, unless the context otherwise requires,–
(a) “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);
(b) “Magistrate” means a Judicial Magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides;
and (c) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

Section 3. Talaq to be void and illegal.
Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

Section 4. Punishment for pronouncing talaq.
Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine

Demand for Banning Triple Talaq:
• To ban the evil practice of Triple Talaq was a demand from Muslim women for a very long time.
• ShayaraBano a woman from Uttarakhand, who suffered mental and physical torture by her husband
and his family for not fulfilling their demand for dowry, was granted instant Triple Talaq by her
husband through a letter, ending their 14-year marriage. Her husband also denied her the custody of
her two children.
• ShayaraBano challenged this practice before the Supreme Court on the ground that the said practice
is discriminatory and against dignity of women.

Instant Talaq Judgment Upload PDF FORM

Supreme Court Verdict:
• Supreme Court found that the said practice of divorce to be manifestly arbitrary, in the sense that, the marital tie can be broken capriciously and whimsically by a Muslim husband withoutany attempt to reconcile to save the marriage. 

• Supreme Court, in a majority judgment rendered on 22nd August, 2017, set aside the practice of divorce by pronouncing instant Triple Talaq as violative of Article 14 of the Constitution.
• Supreme Court judgment vindicated the position taken by the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality and also against gender equity guaranteed under the Constitution of India. [Act & Provision for Imprisonment:
• The Muslim Women (Protection of Rights on Marriage) Act, 2019 declares the instant divorce granted by pronouncement of talaq three times as void and illegal. It provides for imprisonment for a term up to 3 years and fine to the husband who practiced instant Triple Talaq.
• Muslim woman, upon whom Talaq was pronounced also granted custody of children and subsistence allowance to be paid by the husband.
• Muslim women now have a legal protectionagainst the whimsical and irrationalpronouncement of Triple Talaq.
• The Act also works as deterrence for husbands whointend to divorce their wives in this manner.

Qualitative Changes:

• The Act will improvethe existing conditions of Muslim women and will help them to come out of
domestic violence and discrimination they are facing in the society.

Achievements:
• Abolishment of Triple Talaq has contributed to woman empowerment and has given them dignity in
the society.
• The government has strengthened “self-reliance, self-respect and self-confidence” of the Muslim
women of the country and protected their constitutional, fundamental and democratic rights by
bringing the law against the Triple Talaq.
• Triple Talaq cases have dropped by 82%within one year of passing of the Act.
• “Muslim Women Rights Day” was observed across the country on 1st August 2021to celebrate the
enactment of the law against Triple Talaq.