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 Criminalising Triple Talaq: A Step Towards Backwardness 

Date of Publish - Wednesday, 3rd January 2018


It is said that the growth of a nation can be ascertained by judging the growth of women in that society or country. Women’s are unaware of their rights in many countries and that become the reason for their vulnerabilities to exploitation. Women have always been subjugated by traditional derogatory practices. Women’s development to the society has always been desirable. Organs of the government have always tried to bring women with par to the men by dumping the traditional derogatory practices which act as a speed breaker on the development of women’s right. Triple Talaq was one of such prevalent traditional derogatory practices which had brought the Muslim women to the peril. Triple Talaq was such a derogatory and degradable practice against women that it has shocked the conscience of the society. Many families have ruined even when there was no intention of divorce but in the heat of moment husband pronounced Triple Talaq. This affects the women in a very miserable manner.

On 22nd August of 2017, Five-judge Constitutional bench of Hon’ble Supreme Court of India declared century-long derogatory or grossly abused practice of Triple Talaq or Talaq-e-biddat, prevalent among the Muslim community, as invalid. Chief Justice directed Union of India to come up with an appropriate legislation for Talaq-e-biddat. In pursuance of which, Union Cabinet passes a bill criminalising Triple Talaq with three-year imprisonment for Muslim Men for uttering those instant three words (Talaq, Talaq, and Talaq). Criminalising a serious offence to deter the society has always been the intention of the law makers. But before criminalising an offence, legislatures should take into account views of all the stakeholders and ramifications of criminalising it. All India Muslim Personal Law Board (AIMPLB) recently said that women will face plethora of difficulties if Triple Talaq gets criminalised. They also said that our view should have been taken into consideration. There is no hesitation to say that women’s
rescuer will put them in a more precarious situation by criminalising Triple Talaq as a wife would never want that their husband would get incarcerated. And while there was no intention of divorce and husband pronounces the Triple Talaq in the heat of the moment then incarcerating him in any case would result in injustice.

Pronouncement of Talaq three times would not render marriage invalid so there would be no impact on the status of marriage post-pronouncement. And if we talk about deterrent effect then the big challenge for India is to create legal awareness about the bill, without which one cannot even think of creating deterrent effect. The solution would lie somewhere else that may be to make it a civil offence by taking into account views of AIMPLB, women’s organisations and various other stakeholders and by checking out all the implications of it. Criminalising it would leave the Muslim women in a far worse position than before.

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Author :
Nitesh Jindal IMIA038


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