Modi govt defends criminalising Triple Talaq in Supreme Court: ’Ensures gender justice of married Muslim women’

The Prime Minister Narendra Modi-led central government on Monday, August 19, defended its decision to criminalise the practice of Triple Talaq in the Muslim community. Responding to a petition, the central government filed an affidavit in the Supreme Court of India defending the decision and saying that petitioners cannot have grievances with the criminalisation of any "manifestly arbitrary action".

The Modi government, during its previous term, criminalised the practice of Triple Talaq in 2019.

Triple Talaq is a form of divorce that was practised in Islam, whereby a Muslim man could legally divorce his wife by pronouncing Talaq three times.

On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional and made it a punishable act from 1 August 2019. The pronouncement of Talaq-e-Biddat has no legal effect or consequence under the Indian Constitution.

On Monday, the central government also mentioned that the 2019 Act helped to ensure larger constitutional goals of gender justice and equality of married Muslim women.

It also helps subserve their (married Muslim women's) fundamental rights of non-discrimination and empowerment, the central government said in the Supreme Court.

The affidavit was filed by the central government in response to a petition that argued that the Supreme Court had already deemed the Triple Talaq as invalid and therefore, did not require the tag of being a criminal offence. Petitioners Samastha Kerala Jamiathul Ulema argued that criminalising the practice of Triple Talaq violated fundamental rights, including those that guarantee Indian citizens equality before the law and prohibited discrimination on the grounds of religion.