Whom to VOTE in Elections - to the Party or a Candidate?

The general trend of the voting pattern is that we vote for a Prime Minister and Chief Minister in the Loksabha and State Legislative Assembly elections respectively. But is it right? And what should be the ideal case? Should we vote for a Prime Ministerial Candidate or a Political Party or a Candidate?

Unlike a Direct Democracy, wherein you vote for and elect President or Prime Minister, in a Representative Democracy you elect the Member of Parliament, amongst whom the PM is selected by themselves.
Indian Democracy is Representative. We send our representative from our constituency to the Parliament to, primarily,

• Make laws
• oversee the implementation of these laws
• participate and represent our voice in the framing of policies
• overseeing the implementation of welfare and development programs
• voice our constituency's social, collective concerns in the Parliament.

However, while electing the candidate, we also need to keep other things in mind which can be in the following sequential order

Candidate, Manifesto for that elections and then Party (its Ideology and track record)

First, Candidate, who has the ability to analyze, ponder, study and propose solutions to our issues. The credibility of the candidate also matters which shows his/her will, intention to do good to the constituency and the country.

                                   Ability+Credibility = Right Candidate

The second parameter to decide whom to vote is the Manifesto which the party announces before elections as to what is their road map to develop the country. The manifesto should include both welfare (short term), as ours is still a developing country and a large chunk of the population - 22% live in below poverty line and also Developmental (long term) policies.
For example, if we take two major national political parties of India the striking aspects of BJP's manifesto for 2019 elections are a) Implementation of Uniform Civil Code, b)Setting up of 1.5lakh health care centers, 75 Medical and PG Medical Colleges.
And Congress' manifesto a)setting up a separate budget for farmers and b) around 20 lakh government jobs in 2 years.

The third parameter is the Party (Ideology & Track Record ) on behalf of which the candidate is contesting.
The ideology is the base of any political party which tells us what is the - nature, vision, mission on one side and the means they chose to achieve the end of doing good to the people on the other. It is critical because most of the political parties are trying to achieve this end by choosing wrong means viz, a show of muscle and money power, fielding criminal record candidates and so on.
The track record of the party whom you are voting is also important. If the said party has won and had a chance to be in government earlier, we need to gauge its performance in terms of implementation of the promised manifesto.
For example in the previous election manifesto of 2014, BJP has promised to bring back all the black money stashed in foreign banks and also 2 crore jobs creation, which were not put into action in their incumbent period of 5 years.
And on the other hand, Congress's 2019 election manifesto item promising separate budget for the farmers, why it has not been able to handle farming sector in a way it had to and the farmers in large numbers across the country had to commit suicides. Is it not the responsibility of the Congress party, after being in power for so many terms that the farming sector has slipped into deep crisis.

If you elect the other way around, ignoring the candidate's credentials and also not considering the above parameters, then the danger is,

1. The credibility and eligibility of the candidates become irrelevant when there is no change in the voting percentage to the party with respect to the fielding a good or bad candidate. 
2. Political parties will take people for granted. And this is not good for democracy.
3. Parties will start giving tickets to the candidates who can win by hook or by crook - using muscle or/and muscle power
4. over a period of time, the parties will be filled with criminals and corrupt MPs/MLAs. we can see this trend of criminalization of politics in the following table

          According to the Association for Democratic Reforms (ADR) report, the following is the % of MPs facing criminal charges

• 2014  - 34%
• 2009 -  30%
• 2004 -  24%

To be precise, the trend of elections should be bottom to top approach but not otherwise. If we elect good candidates parties will be forced to field credible candidates.

Healthy Living - Understanding Diet and Workout

Life is a joyride we all wish it to be joyful, smooth and happy. But not everything goes as expected and life is no exception - the most uncertain thing is life, the only certain thing is death. The key variable factor here is the 'health'. The good thing about health is most of the times if we want it to keep, stays in our control. And the point is whether you want to control your health and keep it 'the way it is ought to be' or mend it to be destroyed with your indisciplined, unnatural lifestyle which includes poor dietary habits, sedentary style of functioning and insufficient rest (sleep). 

Unfortunately we very well knowingly are turning our eyes blind to the health of our life. The indiscipline lifestyle has become indispensable driven by the necessities and luxury aspirations of our lives. In the pursuit of happiness, we are ignoring the fact that health is the base of happiness. And some, in the rat race for the success tend to ignore the quotient of health and also ignore the fact that  'the foundation of success in life is Good Health'.

Worse is some people treat their body as if they rented it from someone else, they don't take care of it well.

Most of us think very highly of ourselves in terms of health. As we are not suffering from any disease currently we think that we are safe. But we should remember that Health is not the absence of sickness. Every day you do one thing to your body - build health or produce disease. 

Thus it should be our constant effort to keep the natural process of our bodies intact supplying the needed nutrients and physical activities it requires. As Jim Rohn rightly said,  

Take care of your body, its the only place you have to live. 

To do this first we should understand what your body is made of, then what is the present health condition and then the solution

WHAT YOU ARE MADE OF

1. Body Water

Your body is counted with more than 50% of water. Along with the blood and other bodily fluids water contains in fat and muscle. 

2. Protein

Building Blocks of your body

3. Minerals

Your body contains minerals which are primarily contained in two places: in the bloodstream and inside the bone tissue. 

4. Fat

The substance everyone seems to be obsessed with and is always doing their best to get rid of. However, body fat is necessary for the body to function - allows the body to store energy, protects internal organs, acts as an insulator and regulates body temperature. 

Nobody can have 0% body fat, and maintaining body fat percentages lower than 4%  (referral range is 10%-20%) is generally regarded as inadvisable for long-term health.

The above components have their unique yet complementary role to be played in the smooth functioning of your body. 

Another important portion which helps in not only building up but also the smooth functioning of your body is Nutrients. There are two kinds of Nutrients,

Micronutrients - Vitamins & Minerals

Macronutrients - Protein, Carbohydrates, Fat

MACRONUTRIENTS - 

Vitamins & Minerals are the two Micronutrients which your body requires in small quantity, in Milligrams and Micrograms. There are various forms of Vitamins and Minerals, 

Vitamins	Minerals
	Major Minerals	Minor Minerals
Vitman A	Calcium	Iron
Vitamin B - 1,2,6 & 12	Magnesium	Chromium
Vitamin C	Sulphur	Iodine
Vitamin D		Manganese
Vitamin E		Molybdenum
Vitamin K		Selenium
		Zinc

MACRONUTRIENT 

Macronutrients, even though essential for proper functioning of the body are not produced by itself. Thus it is mandatory to fuel them from outside through diet. Macronutrients are required by the body in relatively large quantities, in Grams. There are 3 types of Macronutrients which are detailed hereunder,

1. PROTEIN 

Proteins are the building blocks of life. If your muscles are a house, protein is the bricks.

A human body contains around 37 trillions of cells and Every cell contains protein. The role of the protein is, it repairs damaged cells and builds new ones. Thus it is necessary for building your muscle. This very function of the Protein helps the growth and development in children, teens, and pregnant women.

If you are a  sports person or doing physical activity on a regular basis, your muscle tissues (a group of cells) are damaged at increased level. Thus you need to take extra protein as supplements to repair the damaged tissues and regenerate them in a proportionate pace.

Your nutritionist, in addition to protein supplement, may also suggest the BCAA (Branched Chain AMINO ACIDS). Thus in this context, we need to also understand about the amino acids. 

The basic structure of the protein is a ‘chain of amino acids'. Amino Acids, branched as chain forms the Protein. If protein is the building block of your body then the Amino Acids are the building blocks of the Protein.

2. CARBOHYDRATES

Carbohydrates (at the chemical level) = carbon+hydrogen+oxygen.

They are the most important ‘source of energy’ for your body. The digestive system - small intestine absorbs the sugars which then enters into bloodstream and travel to the liver. The liver converts these sugars into glucose. This glucose, through the bloodstream, enters your body cells with the help of insulin. This glucose (sugar) is used as energy for your cells, tissues, and organs. 

Food → Small intestine → Liver → Glucose → Cells

What if we consume extra Carbs?

The extra unused sugar is stored in the liver and Skeletal muscles (chest, arms, lats, quads, and hamstrings) and other cells in the form of Glycogen. Once the glycogen stores are full, carbs are stored as fat.  So if you are consuming more Carbs than required per day then you are increasing the fat storage in your body. Thus to avoid this you need to either keep the intake of carbs minimal or keep your body more active.

What if we consume less than required Carbs? 

1. Then the body will consume Protein as fuel to supply energy to the body. This is something to worry on two fronts, 

one, your muscles get weaker and lose strength as a result of which your body as a whole becomes weak

Two, body using protein instead of carbs for fuel puts pressure on the kidneys resulting in the passage of painful byproducts in the urine.

2. And also without sufficient glucose, the central nervous system suffers, which may cause dizziness or mental and physical weakness

3. People who don't consume enough carbs may also suffer from insufficient fiber which can cause digestive problems and constipation.

Now the question is how much are the carbohydrates count that we need to take. The ideal intake of Carbs is around 2.5grms per kg of body weight.

However, along with the quantity of the carbs, the source of it is also important. The source of the Carbohydrates are divided into two-  Simple & Complex, 

Simple Carbs

Complex Carbs

Source of Sugars; Are also added artificially during food processing and refining Are absorbed quickly into the blood Found in processed foods; consumption of Sugars particularly from the processed foods in which the sugars are added artificially to enhance the taste and form are bad to health.  It increases cholesterol.  Ex: White bread, Pastries, aerated drinks, French fries..

Source of Starch and Fibre Available naturally Takes relatively more time to be absorbed;  Found in Whole grain bread and Cereals, Vegetables, legumes; Consumption of Complex carbs in the right proportion is healthy as it includes,          Starch - helps in proper digestion and lowers blood sugars, reduces appetite                      Fibre - softens stool, helps maintain bowel health, lowers cholesterol level, helps in strengthening muscle

In case of other nutrients, it is the count which is important. For example Vitamins, Minerals and Protein the consumption of grams per kg of body weight is important whereas in case of Carbs and also the Fat nutrients it is the source (simple carbs or Complex carbs) which is more important.

3. FATS

Fat is a nutrient without which we can’t live. Not only does fat supply us with energy, but it also makes it possible for other nutrients to do their jobs. Broadly Fats can be divided into GOOD and BAD

GOOD FAT		BAD FAT
Monounsaturated Fat (Unsaturated Fat) Lowers cholesterol thus reducing the risk of heart diseases and diabetes Found in Olive oil, Nuts (Cashews, Almonds) Peanut Butter and Avocados	Polyunsaturated Fat (Unsaturated Fat) There are 2 types of this fat, Omega 3 and Omega 6 Lowers blood cholesterol, reduce arthritis, joint problems Found in Fish oils, Soybean oils, Sunflower oils Nuts, Seeds, Eggs etc.	Saturated Fat Derived from animals Raises Bad Cholesterol Found in high-fat Cheese; high-fat cuts of meat; Whole fat milk and cream; ice-cream; Butter etc.	Trans Fat Not naturally occur; synthetically made in an industrial process. It is easy to use and cheap to produce; enhances the taste and shelf life of a product Raises bad cholesterol Found in most of the processed food -fries, pastries, cakes, biscuits, pizzas, burgers etc.

Thus if you consume good fat it is good for your body and if you consume bad fat then it harms your body. We shall know more about bad fat as the harm it creates is no less and eventually it may even kill you.

To start with, first, we need to know how the 'bad fat' is stored in your body. It is done in two ways

1. Subcutaneous Fat - that people can see, 

2. Visceral Fat – Visceral fat is internal fat that develops in the abdominal cavity, gets stored around the organs, and wraps around your kidneys, intestines, stomach, and liver.

It's easy to see the Subcutaneous Fat whereas it isn’t so easy to see the Visceral Fat. This is the reason why some people are skinny but still, their BCA (Body Composition Analysis) report shows as obese. So here if your subcutaneous fat is low you may look not that fat but at the same time if you have high Visceral fat then the harm remains the same. It is called being 'Skinny Fat'.

So the bottom line is looking skinny doesn't mean you are healthy. It is dangerous to become skinny fat. How do people become skinny fat?

Skinny Fat = Decrease in Muscle + increase in fat

1. Essentially, the net result of losing muscle mass (and decreasing metabolic rate) and gaining fat mass due to high caloric intake creates the skinny fat condition. 

Similarly, muscle mass decreases over time when the muscles are not being used. If you work in a 9-5 job that requires you to be seated and not move around for most of the day, skeletal muscle mass is likely to decrease over time.  Fat mass will also increase as mobility decreases.

Sitting all day, eating an unhealthy diet, and skipping workouts is a recipe for muscle loss and fat gain. 

2. Some people do dieting and also workout but without any result, the reason is not doing it the 'right way' - Severe calorie restriction, excessive amounts of cardio, minimal weight Training. Doing this is a Remedy Worse than disease. 

If you try to cut calories, while at the same time run on a treadmill an 1 hour a day 5 days a week, your body may not have the energy it needs to perform.  After a certain point, your body will start metabolizing muscle because it needs energy once the other options are exhausted. Weight loss will occur at the expense of both fat and muscle loss.

Now that you understand the cause, here is the solution.

People who want to be thin and healthy need to increase their muscle and reduce their fat.  This can be done by the way of 

1. Compound Exercises - Cardio+Weight Training
2. Eating a balanced Diet - Protein+Carbohydrate+Fat, all in good proportion

Compound Workout coupled with proper diet increases your Basal Metabolic Rate (BMR). The higher your BMR, the more calories your body naturally burns when it is doing nothing (i.e. sleeping).  The more calories you burn at rest, the greater the fat loss.

Some people who want to lose weight badly are worried that building muscle might make them look bulky instead of skinny. This is the same with the women in general. Don’t worry! because 

• Muscle is much denser than fat, 
• Muscle is also heavier than fat

meaning that if you were 60kgs with more fat and less muscle and now if you are 62kgs with less fat and more muscle you still appear thinner and of course healthier. We can see the same in the following picture where both people are of the same Hight - 6ft and weight - 250 pounds (113kgs) but they look different as the person in left has more Percentage of Fat (PBF) - 31% and the person on the right looks lean because the PBF (Percentage of Fat) is only 10%.

So, now you know the facts, weight is not the only parameter you should look in gauging your health. Just because someone looks skinny, don’t just assume they are healthy. At the same time just by looking at their weight don't assume they are obese. Don’t aspire to be skinny, aspire to be healthy.  Because at the end of the day, being healthy is always attractive. 

Fit & Healthy body is the best fashion statement.

After knowing about the nutrients we shall now see how much of them we should consume

Nutrients	Calories	Intake in Grams	%	Food (example)
Protein	-	1.5 grms/kg of body weight	35%	Chicken, Eggs, Fish, Paneer, Milk, Quinoa, Peanut Butter etc.
Carbohydrates	900 -1300	2.5 grms/kg of body weight	55%	Brown-Rice & Bread, Millets, Whole Wheat-Rotis & Bread etc.
Fat	-	0.5 grms/kg of bodyweight	10%	Homemade cooked oil(Sunflower, Olive), Egg yolk, Diary Products -Cheese, Milk, Curd etc.

Food is the most powerful medicine or drug on the planet with the power to cause or cure most of the diseases - Dr.Mark Hyman

Diet decides 70% of your health. You are what you Eat. But the track of healthy diet is missed for the taste. We give importance to the taste more than it deserves. And to remind you, taste is not for the tongue but for the mind. If you condition your mind not to have the food which is not good for your health, even your tongue doesn't water for it. It's like what you do for 21 days becomes a habit and what you do for 90 days becomes your character. Eat to Live not Live to Eat.

In a nutshell, let's see what food to have and what not,

TAKE	AVOID
Plenty of Water (minimum 3-5 liters)	Aerated drinks (coke, Thumsup, Maza etc); Alchohol; Smoking
Home Food	Outside  Food- Restaurants, Hotels, Tiffin Centers.
All varieties of vegetables in the cooked, boiled form	Fried, deep-fried vegetables
Brown Rice, Millets	Minimize White Rice (don’t have to avoid)
Whole wheat flour (gehoon, Godhuma)	Refined Flour (Maida, all-purpose flour, white flour)
Brown Bread, Whole Wheat Bread	Milk Bread
Biscuits made from Whole wheat flour (Marigold)	Cookies and other forms of biscuits made from Refined flour
Protein - cakes, Muffins; Protein, Millets made chips	Sweets, Pastries, Chips and other processed  junk food available in bakeries
Protein-rich & Trans fat-free chocolates (available in supermarkets)	Chocolates
Good Fat Diary Products - Greek Yogurt, Toned Milk, Cottage Cheese, Mozzarella Cheese, Tofu, Paneer, Butter Milk	Cream rich dairy products - Double Cream Milk, American, Mexican, Swiss, Cream Cheese, Lassi; Ice Cream
Peanut Butter	Butter
Seasonal Fruits. Don’t filter your fruit basket until and unless your doctor or your dietician asks you not to go for certain fruits.	Fruit Juices, wherein Trans Fat (sugar) is mixed; Fibre and starch is filtered; Fruits flavored, essence juices(Tropicana etc)
Nuts - Almonds, Walnuts, Cashews	Take Raisins & Dates in a limited quantity (don’t have to avoid)

The single funda to be followed as told by Micheal Pollan is If it came from the plant have it if it is made in the plant then don't.

WORKOUT SESSION

Based on the above observation it is evident that we need to maintain the right proportion of the Muscle and Fat. To do this, along with the proper diet as we discussed above, we need to adopt a proper approach of the physical workout.

Now, What is the right approach to the workout?

The workout per day has to be divided into cardio and strength - 

10-20 min -Cardio 

45-60 min - Strength

CARDIO

We should include a maximum number of workouts and machinery to get the maximum result in a given time. Also, it is safe from injuries & muscle cramps to not continue with the same kind of machinery which puts pressure on the same targeted part of your body.

Basic Machinery to be used are (which u can find any gym)

Treadmills - 10 mins

Cross Trainer - 10min

Spin Bike

Recumbent Bike

Floor Workouts - Burpees, Stepper, Skipping…….

Follow the rotation process - a combination of two types of machinery or Floor workout per day. Then next day next round of machinery and so on.

STRENGTH WORKOUTS

Chest & Triceps

Lats(upper Back) & Biceps

Shoulder & Lower Back 

Rest Day (Abs & Cardio) -During sleep, your body’s production of growth hormone increases, which aids in the repairing and rebuilding of muscles

Quads, Hamstring, Calfs 

Not necessary that you follow the same order. Change it according to your convenience, depending upon your requirement, fitness goals. And it is also not mandatory that you should couple the large and small muscles in a day. Again this depends upon your requirement and ask.

Importance of Warm-up & Cool Down

Warm-up before and Cool down after the workout is the most underplayed or underestimated part of the fitness regime. Some people think it is inferior or amateurish. But it plays a very important role so as to decide the success rate of your fitness goal. What and how it does, let's see,

Warm-up

Depending upon lifestyle- body mobility, your muscles are generally in its own condition. From this set condition if you suddenly jolt your muscles it will be a kind of shock and chances of them getting injured are very high. The warm-up helps in increasing the blood circulation throughout your body, making your muscles ready for further pressure to bear.

Cool-Down

When your body is working out, be it by exercise or playing any sports, the heart pumps the blood at more than the normal rate. When the workout is stopped abruptly the blood circulation slows down and may not reach the heart and brain as usual. It results in dizziness, lightheadedness, fainting

After the workout, your muscles are charged up and are in a very high tempered condition - tight and sore muscles. If you go back home with the same condition again the chances of your muscles getting injured are high. And also after a workout session, there is a 'lactic acid' accumulation in your body. This lactic acid needs to be flushed out for the quick recovery of muscles 

Cooling down your body helps the above challenges to be addressed. Walk a while and do a bit of cycling. But do remember that the stretches give the best results in cooling down your body. Stretches thus for a right reason called the mother of all cool down and also warm up workouts.

Rest your Body

The next important aspect of your health to keep it up is Rest. After a workout your muscle tissues are damaged, energy (muscle glycogen) depletes; bodily fluids are lost; chemicals like lactic acids are formed and stored in your body.

Good rest to your body along with the good diet (Micro & Macro Nutrient rich) allows optimization of protein synthesis and also increases in growth hormones - making the muscle to repair and rebuild. Sufficient rest of 6-8hrs a day also helps in replenishing the energy and also through increased blood circulation helps in flushing the unwanted chemicals formed in your body.

Myths vs Facts in regard to the diet and workout

MYTH	FACT
shouldn't Drink Water while workout	Gulping water helps in hydrating your body
Abs-6 packs are made in the gym with rigorous abdomen workouts	Abdominal muscle is like any other muscle which depletes by overtraining. Abs are already made with minimal weight training. To make them visible, follow the DIET. They say   Abs are made in Kitchen
Don’t have Rice, egg yolks, nuts, dairy products, if you are on weight loss program	Fat is not a bad word per se. we need to understand the difference between Good fat & Bad Fat; also distinguish between the sources of Carbohydrates - good source gives you more energy with fewer calories and bad carbs which gives less energy with more calories.
We can have immediate weight loss with Crash Diet	Yes, you can have but with the loss of all important Micro & Macro Nutrients like Vitamins, Minerals, Protein etc which only have drastic side effects later in near future. Regaining the weight is evident.
Cardio is for weight loss  Weight training is for weight gain	Cardio and Weight training are both complementary to each other.
We will gain more weight if we stop going to the gym	Yes but not because you stopped going to the gym but due to the deviation from your disciplined lifestyle of having a balance between the intake and burning of the calories which you had it while going to the gym.
Having Supplements may have side effects	Supplements like Protein powder, BCAA, Multivitamin & Fish Oil tablets are nothing but the nutrients which are there in your body but are supplemented according to the need of your body. There is no harm in taking them under expert supervision.  One thing you should be careful is Steroids taken to increase body performance. It does have side effects.

As we are proceeding towards the end, I hope u start a new beginning to shape your lifestyle more healthy. Do it irrespective of what is your profession or what you do. Don't say I don't have time for workouts or I am not finding time to hit the gym. Those who say I don't have time for workout sooner or later have to find time for ill health thereby having trips to hospitals.

We have read, listened to hundreds of times that Prevention is better than cure. So its always good to follow a healthy lifestyle and prevent inviting certain diseases rather than spending a lot of time, money and energy in curing them.

All you do today in your professional life is with a vision to lead a better life tomorrow. And just imagine your tomorrow's life without 'Health'. The best investment in terms of time and money is undoubtedly on your health. Make physical workout part of your life. Do it as you do other essential things of your day like eating, sleeping etc. 

And to just summarise and make the whole thing simpler putting it in three sentences as to make your life Healthy, Happy and Prosperous practice this,

To reach the destination of HEALTHY LIVING, travel on the 3 wheeler - 

Diet (Protein+Carbohyderate+Fat)

Workout (Cardio+Strength)

Rest (6-8hrs)

Period.

Triple Talaq - in Quran, Tradition and Law.

Triple Talaq is a form of oral divorce, where the husband declares his intent to divorce the wife by speaking or writing (of late tradition) the word Talaq three times.

According to Classical Sharia there are 4 legal categories of Triple Talaq (TT). 

1. Talaq (repudiation) – ‘Triple Talaq’ falls in this part
2. Tafwid (delegated talaq) - The husband can delegate the right of repudiation to his wife at the time of marriage (nikah). the contract gave the wife the right to "repudiate herself" if the husband married a second wife
3. Khula (Mutual Divorce)
4. Judicia
5. Oaths

People of different geographical locations follow a certain type of Talaq.
As Indian Muslims follow the first method of divorce, we shall discuss in detail about this category. 'Talaq' in classical Islamic Law refers to the husband's right to dissolve the marriage by simply announcing to his wife that he repudiates her. It requires neither justification nor court approval. Classical jurists imposed certain restriction on valid Talaq such as the declaration must be made in clear terms; the husband must be of sound mind and not coerced.

There are three stages in this procedure – Trple Talaq,

Stage One- The initial declaration of talaq (repudiation) is a revocable (ṭalāq rajʿah) which does not terminate the marriage. There is a 3 months waiting period called IDDAH, for this stage. Husband can revoke the repudiation at any time during this period. The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant (Three Months is to be read as 3 Menstrual Cycles). Resumption of sexual relations automatically retracts the repudiation. The wife retains all her rights during the waiting period.

Stage Two is "Minor" divorce (bayn baynuna sughra) - initiated  when the waiting period of 3 months expires. If the couple wants  to reconcile their relationship then they will have to remarry.

Three If the husband repudiates his wife for the third time, it triggers a "Major" divorce (bayn baynuna kubra). Now the couple cannot remarry without an intervening consummated marriage to another man - which is known as Nikah halala

What is the source of Triple Talaq?

Triple Talaq is part of 'Muslims Personal Law' (MPL) which is based on 'Sharia Law'. The Sharia Law, which in turn is derived from the scriptural sources of Islam -Quran and Hadith

Triple Talaq ← Sharia Law ← Quran + Hadith

(part of MPL)

Sharia Law = provisions of Quran + Hadith (preaching of Prophet Mohammad) +
unwritten customs evolved over a period of time

What does the Quran say about the marriage system and its dissolution.

According to the Holy book of Quran, marriage is intended to be unbounded in time. The relationship between the spouses should ideally be based on love (mawadda wa rahma, 30:21)

When marital harmony cannot be attained, the Quran allows and even advises the spouses to bring the marriage to an end (2:231). The community is called upon to intervene by appointing arbiters from the two families to attempt a reconciliation (4:35).
And as part of reconciliation there are 4 steps to be followed (4:34-35)

1. Sort it out (fa'izul hunna) among themselves. When there is a marital discord, the Koran advises the parties to sort it out among themselves.
2. Temporary physical separation (wahjura hunna) - If the differences persist, they are asked to undergo temporary physical separation in the hope that this will encourage them to unite.
3. Husband to explain seriousness of the situation - the husband is instructed, as a third step, to once again explain (wazribu hunna) to his wife the seriousness of the situation and try to bring about a reconciliation
4. Matter to be placed before two arbiters - if the dispute still remains inresolved, as a fourth step, the Koran requires the matter to be placed before two arbiters, one from the family of each spouse.

It is only after the failure of the above 4 reconciliation attempts that the Koran allows Talaq, mentioned in the following chapters,

• Chapter 2 - Al-Baqara
• Chapter 4 - Al-Nisa and
• Chapter 65 - Al- Talaq

Where is the conflict? Triple Talaq as a tradition and its impact on an individual

Divorce per se is not a bad word. In fact it is one integral and essential part of the marriage system. Same way, it is not the triple talaq which is a problem Then what is the big fuss about it. Let us analyse the issues surrounded in regard to triple talaq,

1. Instant: Though Quran categorically mentions the three tier procedure of the triple talaq, which takes minimum 3 months of time. But in practice it is not being followed. Instant TT is against the very principle and guidelines of Quran. Instant has no place in original preaching.
2. Misinterpretation: The self declared mullahs, or for that matter even the well recognized organisations and legal schools, most of the times wrongly interpret the preaching in Quran endorsing the talaq procedures which goes against the very sayings.

Some legal schools held that a triple talaq performed in a single meeting constituted a "major" divorce, while others classified it as a "minor" divorce. Of late, even the instant talaq over phone, Whatsapp and so on are validated by these so called legal schools.

3. Alimony - Maintenance of divorced wife is limited to period of ‘Iddah’- 3months. As a result of this, the economically dependent women are pushed into a helpless situation. The estranged women most of the times along with their children, are left to their fate.
4. Exploitation of women: There are many examples of men, taking advantage of poverty, marry children and within no time estrange them just with a tripple talaq. And as there is no set procedure to give protection or justice, the women are at receiving end.
5. Little say for women: In classical Islamic law it refers to the husband's right to dissolve the marriage by simply announcing to his wife that he repudiates her.  It requires neither justification nor court approval. In only one amongst the 3 types of Talaq (Mutual), the women has a say or an option to express her opinion. The other forms are one sided and tilted towards men, which makes the process discriminatory against women.
6. Nikha Halala:  The most contentious part of Triple Talaq, going against equality is Nikha Halala. If a divorced couple want to remarry after taking the full and final talaq, then it is the woman who has to take all humility to marry a third person, consummate (have sex with him) and then  if the current husband gives her voluntary talaq or if he dies, could only remarry her divorced husband.  Reconciliation of dissolved marriage, in which men and woman are part of it, is seen as a punishment for women and only for woman.

What are Laws related to it in India?

• Muslim Personal Law (Shariat) Application Act, 1937 -section 2
• Dissolution of Muslim Marriage Act, 1939
• section 125 of the Code of Criminal Procedure  - Order for maintenance of wives, children and parents.
• Muslim Women (Protection of Rights on Divorce) Act, 1986.  -It overturned the judgment of the Supreme Court (Shah Bano) and restricted the right of Muslim divorcees to alimony from their former husbands for only 90 days after the divorce (the period of Iddah)

What does the court Judgments said or opined about it?

JUDGMENT	Crux of the Judgments
Aga Mahomed Jaffer Bindaneem vs. Koolsom Bee Bee.1897	The practice of Triple Talaq to be "Good in law though bad in theology". Also it was held that it would be wrong for the courts to put their own construction on the Koran in opposition tot he express ruling of commentators of "Such antiquity and high authority"
Bai Tahira vs. Alii Hussain Fidaalli Chothia, 1979	Every divorcee is entitled to the benefit of maintenance allowance and the dissolution of the marriage makes no difference to this right No husband can claim, under S.127(3)(b) absolution from his obligation under S.125 towards a divorced wife
Faazlunbi vs. K.Khader Vali &Aanr,. 1980	The Supreme Court has given the decree that the anomaly to be given to the destitute divorcee woman should be proportionate to the decent living conditions.  It was an  improved version of the decree passed in the Bai Tahira vs. Alii Hussain Fidaalli Chothia, 1979,
Mohd. Ahmed Khan v. Shah Bano Begum, 1985	The 5 Judge bench has reiterated that the code of Criminal Procedure controls the proceedings in such matters and overrides the personal law If there was a conflict between the terms of the code and the rights and obligations of the individuals, the former would prevail.
	Invoked Section 125 of Code of Criminal Procedure, which applies to everyone regardless of caste, creed or religion The Court also regretted that Article 44 of the Constitution of India in relation to bringing of Uniform Civil Code in India remained a dead letter and held that a common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.
Danial Latifi & Anr vs Union Of India, 2001	Triple Talaq is a violation of not only equality before law but also equal protection of laws and inherent infringement of Article 21 as well as basic human values The Muslim Women (Protection of Rights on Divorce) ct, 1986 is an un Islamic, unconstitutional and it has the potential of suffocating the Muslim women and basic feature of the Constitution; that there is no reason deprive the Muslim women form the applicability of the provisions of Section 125 Cr.PC and consequently, the present Act must be held to be discriminatory and violation of Article 14 of the Constitution; that excluding the application of Section 125 Cr.PC is violation of Article 14 and 21 of the Constitution.
Shamima Farooqui versus Shahid Khan case, 2015	Upheld the Shah Bano Judgment and The Muslim Women (Protection of Rights on Divorce ) Act, 11986 was nullified.
Supreme Court Judgement, 2017	Has banned Triple Talaq and asked the Union Govt to make relevant law within 6 months. SC has observed that the practice of 'Triple Talaq' is unconstitutional and violates the rights of Muslim women. it is the “Worst Form of Marriage dissolution”

What should be the solution?

1. . To begin with we should not see it as Hindu Vs Muslim or a majority vs monirity. Neither it should be looked or limited to the majority encroaching upon minority. What we should see is the solution by discarding instant and one sided  tripple talaq is for the good of the very Muslim community, particularly women.
2. It should not also be looked as an encroachment on the Shariat Law as the custom of Triple talaq is itself banned in Muslim-majority countries. More than 20 Muslim countries viz. Saudi Arabia, Morocco, Afghanistan and Pakistan have done away with this method of divorce. Many others have reformed personal laws requiring a 90-day waiting period after utterance of first talaq, in addition to a scrutiny by a quasi-judicial authority.
3. We need to do away with the practice of Nikah Halala - the most heinous dimension of triple talaq.
4. Polygamy is the next enemy to the women. The kind of psychological, physical harassment the women in this regard go through is absolutely unwarranted.  
5. Speed up the Judicial Proceedings. Justice delayed is justice denied.If you spend years dissolving a marriage, then chances of rehabilitating become almost difficult.
6. Uniform Civil Code -To what extent we can discuss, debate the validity of myriad personal matters which are now governed by the personal laws? Mere judgments squashing an aspect of the personal law or declaring a law null and void will not serve any long term purpose. we have seen the same in Shah Bano case where in the anomaly aspect of Sharia Law which says that the husband is responsible for the maintenance of the divorced wife shall be only 90 days. An act was passed to override this judgment and from there on there is no clarity on the validity of this aspect.

Thus the  larger and one time solution for addressing loopholes and anomalies of personal laws of all the religions, which discriminates, suppresses the basic and humane rights of an individual and the section of the society at large, is to bring in  Uniform Civil Code. Make this Directive Principle of State Policy read through Article 44, a Law.

Is Gender inequality or discrimination only prevalent in Muslim community? A case for UNIFORM CIVIL CODE
If we are seeing the Triple Talaq from the prism of gender inequality then is this discrimination limited to Muslim community and also limited to marriage dissolution?
The answer is, inequality and discrimination is traumatizing, suffocating and unjust not bearing the limitations of the community or of issues such as marriage dissolution. To mention a few facets of discrimination which were and some still are part and parcel of the traditions.  

• Devadasi; Jogini (A young girl of an age 8-16 is dedicated to God for the rest of her life. In short it is nothing but traditionally accepted prostitution) - banned by law but prevalent even now
• Sati - banned by law and outlawed by the ongoing custom and tradition as well
• Prohibition of Widow remarriage - banned by law but prevalent in some parts of India
• Prohibition of Child Marriages - banned by law but prevalent even now. Studies show little difference in percentage-wise between Hindus and Muslims when it comes to marrying off girls of underage. According to the last Indian census, nearly 8 million girls were married off before they turned 10 years
• Culture and tradition of khap panchayats which most of the times go against the  basic principle of Equality, gender in particular
• In some Hindu Temples viz. Shabarimala, Shani Shingnapur and other prayer areas, menstruating women are not allowed in (of course the SC Judgment in Shabarimala  case which allowed women of all ages to enter the temple has paved a way to do away with such kind of traditional restrictions)
• Women, even today doesn't enjoy equal succession rights to property.
• The clash between religious beliefs and a woman's reproductive rights to contraception and abortion, still exists in Christianity.

As mentioned earlier the discrimination in many forms is common in all religions. Only a Uniform Civil Code which governs every citizen of this country without any discrimination is the need of the hour.

Conclusion

Triple talaq has been wrongly interpreted by the so called legal schools and mullahs. As a result of which the dangerous tradition going against the individual woman's Fundamental Rights, has been set in place in the Indian society. so seeking change in it, with the changing times,  particularly when it is being exploited, shall not be a matter of concern.

In times of ambiguity and conflicts of religious ideologies vis-a-vis the individual and society at large, there are two guiding principles to be followed,

1. Humanity, Basic Rights and Equality – which is the very base of every religion of the world, and

2.  The Constitution of India.

In light of the above, all the personal laws should be subject to the Fundamental Rights. And the Constitution should not stop where personal law starts. Be it of Hindus, Muslims, Christians or any other, all the personal laws should stand the scrutiny of the Fundamental Rights.

To understand the present context of a tussle between the personal laws and individual rights, and clear the dust to form an opinion on it, Dr. B.R.Ambedkar's words, a speech issued in the Constituency Assembly should deffinitely throw the wisom light,

"'Human Rights' flowing from an individual's Right to Life, Equality before Law and dignity, over-ride the 'Freedom to practice Religion'"