The Indian government has vigorously defended its 2019 law criminalizing the practice of Triple Talaq in the Supreme Court. The law, which made the instant form of Islamic divorce a punishable offense, has been challenged by petitioners who argue that criminalizing the practice violates fundamental rights.
In an affidavit filed on August 19, the Central government maintained that the law is essential for achieving larger constitutional goals of gender justice and equality for married Muslim women. The government argued that the criminalization of Triple Talaq effectively safeguards the fundamental rights of non-discrimination and empowerment for Muslim women.
The government further stated that the 2017 Supreme Court ruling deeming Triple Talaq unconstitutional had failed to deter the practice, necessitating the criminalization process. The affidavit highlighted the ‘fatal’ nature of the practice for the institution of marriage within the Muslim community, emphasizing the vulnerability of women who are often left with no legal recourse.
The affidavit pointed out that prior to the law’s implementation, police were often helpless in assisting victims of Triple Talaq due to the lack of punitive provisions. The criminalization of Triple Talaq, the government argued, provides much-needed legal protection and empowers women to seek redress.
The government’s position is supported by statistics. Former Union Minister for Minority Affairs Mukhtar Abbas Naqvi reported a significant decrease in cases of instant Triple Talaq following the implementation of the 2019 law. In Uttar Pradesh, for example, cases dropped from over 63,000 before the law to a mere 221 cases after its enactment.
The debate surrounding the law continues, with some arguing that it infringes on religious freedom. However, the Indian government remains steadfast in its belief that the law is crucial for protecting the rights and well-being of Muslim women in the country.
