NEW DELHI: The Union government on Monday defended the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019, before the Supreme Court, arguing that Parliament was compelled to introduce the law after the 2017 Supreme Court ruling declaring ‘triple talaq’ unconstitutional failed to act as a sufficient deterrent. The law, which criminalizes the practice of instant divorce by Muslim men, was necessary to protect the rights and dignity of married Muslim women, according to the Centre.
The practice of ‘triple talaq’—or ‘talaq-e-biddat’—allows a Muslim man to divorce his wife instantaneously by uttering the word “talaq” three times in quick succession. Despite the Supreme Court’s landmark 2017 decision in the Shayara Bano case, which declared the practice unconstitutional and void, reports of its continued use from various parts of the country prompted the government to introduce stronger legal measures. The Centre contended that the Supreme Court’s ruling alone did not sufficiently curb the practice, necessitating the enactment of the 2019 law to ensure compliance and protect women from being left destitute.
Rationale Behind the Legislation
In its submission to the Supreme Court, the Centre emphasized that the law was designed to uphold the constitutional principles of gender justice and equality. The government argued that the law was essential for protecting the fundamental rights of Muslim women, who had long been vulnerable to the arbitrary and unilateral nature of ‘triple talaq’. The law criminalizes the practice, making it punishable with imprisonment for up to three years and a fine.
The Centre’s defense of the law comes in response to a petition filed by ‘Samastha Kerala Jamiathul Ulema,’ which challenges the validity of the 2019 Act. The petitioner argued that marriage, being governed by personal law, should not fall under the purview of criminal law. However, the government dismissed this claim as baseless, asserting that marriage is a social institution of public interest that the State has a legitimate role in protecting.
Protecting Women’s Rights Through Legislation
The government highlighted the broader social and legal context of its intervention, citing other laws such as the Protection of Women from Domestic Violence Act, 2005, and the Dowry Prohibition Act, 1961, as precedents for criminalizing harmful practices within marriages. It argued that just as these laws were enacted to protect women from domestic violence and dowry-related abuses, the 2019 Act was necessary to protect Muslim women from the arbitrary practice of ‘triple talaq.’
The Centre also addressed concerns about the law’s focus on Muslim husbands, clarifying that it was appropriate because it is primarily men who engage in this practice. The law does not target the community but rather addresses a specific harmful practice that the Supreme Court has already deemed unconstitutional. The government stressed that the legislation is consistent with the constitutional guarantee of equality under Article 14 and should be seen as an extension of the judiciary’s efforts to protect the rights of vulnerable groups.
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Balancing Religious Practices and Constitutional Rights
The government’s submission reflects a broader tension between respecting religious practices and ensuring that those practices do not infringe on individuals’ constitutional rights. The Centre argued that while personal laws govern marriage within religious communities, they are not beyond the reach of criminal law when they violate basic human rights and constitutional principles.
The law banning ‘triple talaq’ has sparked significant debate, with supporters hailing it as a historic step toward gender equality and opponents criticizing it as an infringement on religious freedom. The Supreme Court’s upcoming decision on the validity of the 2019 Act will likely have far-reaching implications for the balance between religious practices and the protection of individual rights in India.
As the legal battle continues, the Centre remains firm in its position that the law is necessary to protect the rights of Muslim women and uphold the principles of gender justice. The government’s defense underscores its commitment to ensuring that all citizens, regardless of their religious background, are treated equally under the law and are protected from practices that undermine their dignity and rights.
