https://www.gatestoneinstitute.org/13648/india-muslims-divorce-law
The All India Muslim Personal Law Board has argued that the bill amounts to interference with religious law, and therefore violates the Constitution of India. This objection might be thought of as disingenuous. According to Article 44 of the Constitution, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
By contrast, triple talaq is a unilateral, arbitrary tool in the hands of men against women, a condition what that is simply not acceptable in modern India.
For decades, Indian courts have upheld the precedence of Muslim women’s right to equality over Muslim Personal Law. The court ruled in 1985 that the denial of alimony was a violation of Bano’s fundamental rights, regardless of her religion, and that triple talaq ran contrary to those rights. In other words, Muslim women must enjoy the same rights as other women in India.
India’s Parliament must do the right thing for the country’s Muslim women, as it did nearly 64 years ago for the country’s Hindu women. Until the passage of the Hindu Marriage Act, 1955, Hindu women in India were not at liberty to divorce their husbands, while Hindu men were free to engage in polygamy. It will be a shattering miscarriage of justice if oppositionist politicians succeed in blocking this much-needed bill.
The Narendra Modi government in New Delhi deserves applause for passing the Muslim Women (Protection of Rights on Marriage) Bill, 2018, which criminalizes the practice of “triple talaq” — a medieval, patriarchal divorce procedure still in use in many Muslim communities in India and abroad. All this procedure requires for a man to divorce his wife is to repeat the word “talaq” three times.