The Muslim Women’s Rights Day also known as ‘Muslim Mahila Adhikar Divas’ is annually observed across India on August 1 to commemorate the enactment of Muslim Women (Protection of Rights on Marriage) Act, 2019 which prohibits the practice of Triple Talaq in India.
- The day highlights and advocates for the rights and empowerment of Muslim women.
Triple Talaq:
i.Talaq is an Islamic word for divorce, denoting dissolution of marriage in which a Muslim man can end all marital ties with his wife.
ii.Under the Muslim law, Triple Talaq means liberty from the relationship of marriage immediately where the man by simply uttering the word ‘talaq’ three times, ends his marriage.
iii.This instant divorce is called Triple Talaq, also known as ‘talaq-e-biddat’.
Background:
i.The Union government enacted The Muslim Women (Protection of Rights on Marriage) Act, 2019 on August 1, 2019, that has made the practice of instant triple talaq a criminal offence.
ii.In 2020, the Ministry of Minority Affairs(MoMA) announced that Muslim Women’s Rights Day will be observed across India on August 1 .
- The first-ever Muslim Women’s Rights Day was observed on August 1 2020.
Significance:
i.The day addresses issues like gender inequality, discrimination, access to education and healthcare, and violence against Muslim women.
ii.It shines a spotlight on the unique challenges and triumphs faced by Muslim women worldwide.
iii.It also highlights the importance of ensuring access to education, healthcare, economic opportunities, and political participation for all Muslim women.
Criminalising Triple Talaq:
i.In 2016, Shayara Bano, a Muslim woman from Uttarakhand, challenged the constitutionality of triple talaq in the Supreme Court (SC) of India. It was argued that triple talaq was a form of gender discrimination and it also violated the Fundamental Rights (FR) – Article 14 (Right to Equality) of the Constitution of India.
ii.The SC gave the judgement in 2017, that triple talaq was unconstitutional and void.
- The SC’s decision was a major victory for Muslim women’s rights in India and it has helped to protect the rights of Muslim women and to promote gender equality in India.
iii.In July 2019, the Indian Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, which criminalised the practice of triple talaq.
v.The President of India, Ram Nath Kovind gave his assent to the bill on August 1 2019 and criminalised that instant oral triple talaq with jail term of up to 3 years and fine.
Triple Talaq in Other Nations:
Egypt was the first Muslim country to abolish Triple Talaq in 1929. Then Sudan (1929), Pakistan (1956), Bangladesh (1972), Iraq (1959), Syria (1953), Malaysia (1969) abolished the practice.
- Cyrus, Jordan, Algeria, Iran, Brunei, Morocco, Qatar and the United Arab Emirates (UAE) have also abolished Triple Talaq.
About the Ministry of Minority Affairs (MoMA):
Union Minister – Kiren Rijiju (Lok Sabha Constituency – Arunachal Pradesh (AR) West)
Minister of State (MoS) – George Kurian
