Criminalisation of Triple Talaq: Dissecting the Constitutional and Socio-Legal Aspects

NLS Socio-Legal Review Forum, 2019

12 Pages Posted: 20 Nov 2020

See all articles by Eesha Shrotriya

Eesha Shrotriya

Independent

Shantanu Pachauri

National Law University, Delhi, Students; National Law Institute University (NLIU), Bhopal, Students

Date Written: May 21, 2019

Abstract

Talaq-e-biddat has been a source of severe oppression and injustice for Muslim women. The practice results in the unilateral breakdown of a marriage at the whim of the husband. The judicial trend has evolved against the practice since the courts have, at several occasions, declared the practice to be unacceptable with certain qualifications. In Shayara Bano v. Union of India, the Supreme Court conclusively struck down this practice. Subsequently, the Parliament came up with the Muslim Women (Protection of Rights on Marriage) Bill, 2017 which declared the practice as void and illegal. The Bill also makes the practice a non-bailable and cognizable offence and provides imprisonment of three years for the same. The authors critically examine the bill and conclude that criminalising an act of private nature would have adverse repercussions on the institution of marriage. Although the Bill might prohibit triple talaq, it seems highly improbable that it would effectively achieve its objective of protecting the rights of married Muslim women at the same time. The authors suggest an alternative scheme which would achieve the objective of the Bill while overcoming its limitations.

Suggested Citation

Shrotriya, Eesha and Pachauri, Shantanu and Pachauri, Shantanu, Criminalisation of Triple Talaq: Dissecting the Constitutional and Socio-Legal Aspects (May 21, 2019). NLS Socio-Legal Review Forum, 2019, Available at SSRN: https://ssrn.com/abstract=3708184 or http://dx.doi.org/10.2139/ssrn.3708184

Eesha Shrotriya

Independent ( email )

Shantanu Pachauri (Contact Author)

National Law Institute University (NLIU), Bhopal, Students ( email )

Kerwa Dam Road
Bhopal, Madhya Pradesh
India

National Law University, Delhi, Students ( email )

Sector 14, Dwarka
New Delhi
India

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