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'Triple talaq' is a customary practice, prevalent among Muslims, that dissolves a marriage when the husband says the word 'talaq' thrice. The custom is criticized for being unilateral and biased against women, and is banned in 22 countries of the world. It has been challenged in the Supreme Court of India as well. Several women's rights groups have also spoken out against the practice and its ill effects, especially on the women of the Muslim community. On the other hand, the Muslim Law Board has consistently said that triple talaq is a 'personal law' and thus, cannot be modified by the Central Government. The issue has given rise to a heated debate on the need for a Uniform Civil Code in India.
The Supreme Court on August 22, 2017 declared the practice of triple talaq as unconstitutional and stated that it was vocative of Article 14 and 21 of the Indian Constitution. The three judges on the 5 judge Constitution bench decided against triple talaq while two ruled in favor. Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq needs to go while CJI JS Khehar and Justice Abdul Nazeer backed triple talaq.
On December 15, 2017 during the winter session of Indian parliament the lower house, Lok Sabha, cleared the Muslim Women (Protection of Rights on Marriage) Bill, 2017, to make the practice of triple talaq a criminal offence. As per the proposed law, the victim in such case can seek the custody of her minor children as well as maintenance from her husband by approaching a magistrate after she has registered a complaint with the police. The Law further states, that triple talaq in any form — spoken, in writing or by electronic means such as email, SMS or WhatsApp — would be banned.