In the Muslim region dissolution of marriage can be done by husband, wife, mutual consent, judicial process. But in Muslim law husbands have special power to pronounce divorce or talaq such as Talaq-e-Sunnat (Talaq-E-Ahsan and Talaq-e-Hassan) or by Talaq-e-Biddat. Sunnat means religious. It does not invoke anyone’s dignity it is a happy dissolution of marriage. But the second form Biddat means Innovation it is known as triple talaq in which the Husband has the right to pronounce talaq three times continuously and this leads to the dissolution of marriage means at that second time.
It does not provide the right think over marriage or reconciliation. India is not only the country that revokes triple talaq but there are many such as Pakistan, Sri Lanka, Bangladesh, Qatar, and pre-dominated Muslim countries revoke it’s in Shayra Bao vs union of India case this Triple Talaq a bad form of divorce was challenged.
According to the studies we have found that over 93% of Muslim women were suffering from this evil and they want to ban it.
It is not only against the fundamental right (right to equality (article 14), article 15(1) not to discriminate based on sex, right to life of dignity, etc) but also hinders women empowerment.
Constitution of India supreme court argues that it violet article 25 which regards the freedom of religion.
Albeit Muslim women are not in fear anymore of Talaq. And can live their life with dignity. But there are still many social evils such as polygamy, Nikah Halala, etc. which threaten Muslim women every day.
Sometimes religion creates so much restriction inequality for all. This is a really helpful judgment by the honorable supreme court which has created a huge difference in the society of Muslim women. Hopefully, many more rights will also be granted in the eye of the law.