Centre Defends Law Criminalising Triple Talaq as Vital for Gender Justice

The Indian government has defended its 2019 law criminalising triple talaq, stating in an affidavit to the Supreme Court that the law is essential for protecting the rights of married Muslim women. The law, which enforces a three-year prison sentence for violations, aims to promote gender justice and equality.

The Indian government has staunchly defended its 2019 legislation that criminalises the practice of triple talaq, calling the measure crucial for the social institution of marriage.

Responding to petitions challenging the law, the Centre informed the Supreme Court that despite a 2017 ruling that set aside the practice, triple talaq continues to be a prevalent issue causing numerous divorces. The government emphasized that Parliament had the foresight to enact the law to safeguard married Muslim women's rights.

This law, the affidavit states, ensures larger constitutional goals of gender justice and equality and serves to empower Muslim women. The apex court had previously declared instant triple talaq unconstitutional in 2017, and it is now reviewing the validity of the 2019 Act which stipulates a three-year imprisonment for violators.

However, two Muslim organizations, Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema, have contested the law, arguing it unfairly targets one religion's divorce practices while leaving others within the realm of civil law, contravening Article 15 of the Constitution.