In a strong defense of its 2019 legislation criminalizing the practice of instant triple talaq, the Union government has filed an affidavit with the Supreme Court, asserting that the law is crucial for upholding gender justice and equality for married Muslim women. The affidavit, submitted by the Ministry of Law and Justice, argues that the law addresses the shortcomings of previous judicial rulings and is essential for protecting women’s rights and ensuring their empowerment.
Background of the Legislation
The 2019 Act, formally known as the Muslim Women (Protection of Rights on Marriage) Act, was enacted by Parliament to address the issue of talaq-e-biddat, or instant triple talaq, where a Muslim man could divorce his wife by uttering “talaq” three times in quick succession. This practice, though declared unconstitutional by the Supreme Court in the 2017 Shayara Bano case, continued to affect many women adversely. The Court’s ruling, while invalidating the practice, did not provide a comprehensive mechanism for redressal.
Government’s Argument
The affidavit filed by the government asserts that despite the Supreme Court’s intervention, the absence of punitive measures meant that women affected by triple talaq had no effective means of seeking justice. “The victims of talaq-e-biddat have no option but to approach the police for redressal of their grievances, and the police were helpless as no action could be taken against their husbands in the absence of punitive provisions in the law,” the affidavit states.
The government contends that the practice of triple talaq not only results in the abandonment of wives but also undermines the institution of marriage and violates women’s rights. The 2019 Act was introduced to address these issues by providing a legal framework that deters Muslim husbands from using this form of divorce, which is deemed instantaneous and irrevocable.
Parliamentary Wisdom and Judicial Role
The Union government emphasizes that it is within the legislative domain to define offenses and prescribe penalties, reflecting the prevailing social conditions. “It is the function of the legislature alone to determine what is and what is not good and proper for the people of the land, and they must be given the widest latitude to exercise their functions within the limits of their powers,” the affidavit asserts. This position is consistent with previous legal challenges to the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, which were dismissed by the Delhi High Court.
The government argues that the judiciary’s role is not to question the wisdom of legislative measures but to respect the legislature’s authority. The affidavit asserts that criminalizing triple talaq is not arbitrary but a necessary step given its negative impact on women’s lives and the social institution of marriage.
Response to Constitutional Validity Challenges
The affidavit counters arguments presented in a plea challenging the constitutional validity of the 2019 Act. The plea contends that since the Shayara Bano case invalidated triple talaq, criminalizing the practice is unnecessary and unconstitutional. However, the government maintains that the 2019 Act is justified, given that triple talaq is “fatal for the social institution of marriage” and exacerbates the plight of Muslim women.
The government also emphasizes that there is no basis for claiming that marriages, being governed by personal law, are exempt from general criminal law. It argues that the state has a vested interest in protecting social institutions, including marriage, and that criminalizing practices detrimental to these institutions aligns with the state’s responsibility.
As the Supreme Court reviews the government’s defense of the 2019 law, the case highlights the ongoing debate over the intersection of personal law and criminal legislation. The Union government’s affidavit underscores its commitment to ensuring gender justice and equality while addressing the limitations of judicial rulings. The outcome of this case will likely have significant implications for the legal and social landscape surrounding marriage and divorce in India.