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The Indian government has strongly defended the law criminalizing instant triple talaq before the Supreme Court, arguing that it is essential for ensuring gender justice and equality for married Muslim women. This legal battle stems from a petition filed by the Samastha Kerala Jamiathul Ulema, who seek to have the Muslim Women Protection of Rights on Marriage Act, 2019 declared unconstitutional. The law criminalizes instant triple talaq, a practice where a Muslim man could instantly divorce his wife by uttering the word 'talaq' three times, by imposing a jail term of up to three years for men engaging in this practice.
The government's stance hinges on the argument that the Supreme Court's 2017 judgment declaring instant triple talaq unconstitutional proved ineffective as a deterrent. They emphasize the need for state intervention to address the grievances of victims of illegal divorce. The government further contends that defining offenses and establishing punishments are fundamental functions of the state, falling within the legislative domain. They assert that the judiciary cannot solely determine whether a particular action should be treated as a civil wrong or a criminal offense.
The petitioner's argument that instant triple talaq should not be criminalized since it lacks legal effect post the Supreme Court's verdict is refuted by the government. They argue that this logic fundamentally undermines the principles of penal law, stating that the attempt to commit an illegal act, even if unsuccessful, should still be punishable. The government also refutes the petitioner's claim that marriage falls under personal law and should be exempt from general criminal law. They emphasize the state's significant interest in protecting the institution of marriage, citing examples like the Domestic Violence Act, 2005 and the Dowry Prohibition Act, 1961, as evidence of the government's commitment to safeguarding marriage.
Source: Law against triple talaq aimed at ensuring gender justice for Muslim women, Centre tells SC