Triple talaq judgement and act: do muslim women really benefit
By: Banka, Neha Kishore
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Material type: 
BookPublisher: Journal of The Indian Law Institute Description: 61(4), Oct-Dec, 2019: p.439-454.Subject(s): India -- Trials, litigation, etc
In:
Journal of The Indian Law InstituteSummary: The debate on the practice of triple talaq in India has become highly politicized. This paper examines whether the Shayara Bano judgement and the subsequent Muslim Women Act, 2019, address the challenges that Muslim women face when confronted with triple talaq. The article argues that in the judgement and the Act, which involve issues of overlap between Muslim family laws and the Constitution, the Indian state has failed to recognize the inter sectionality of women’s identity. The principles on which the judgement and the Act are based, fall short of indicating a path to gender just family laws. The paper argues that shared adjudication1 between the state and religious actors is a useful framework committed to women’s group identity and membership interests, as well as gender justice; hence its adoption by the Indian state can address the concern of gender justice without undermining minority rights. – Reproduced
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Articles
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Indian Institute of Public Administration | 61(4), Oct-Dec, 2019: p.439-454 | Available | AR123633 |
The debate on the practice of triple talaq in India has become highly politicized. This paper examines whether the Shayara Bano judgement and the subsequent Muslim Women Act, 2019, address the challenges that Muslim women face when confronted with triple talaq. The article argues that in the judgement and the Act, which involve issues of overlap between Muslim family laws and the Constitution, the Indian state has failed to recognize the inter sectionality of women’s identity. The principles on which the judgement and the Act are based, fall short of indicating a path to gender just family laws. The paper argues that shared adjudication1 between the state and religious actors is a useful framework committed to women’s group identity and membership interests, as well as gender justice; hence its adoption by the Indian state can address the concern of gender justice without undermining minority rights. – Reproduced
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