We Welcome the Law Against Triple Talaq

The triple talaq law has invoked sharp reactions in a polarized atmosphere. The question of gender justice for Muslim women has been forever mired in a complex web of politics and patriarchy. Nevertheless, this is a historic moment for Indian democracy. Reform in Muslim family law which remained elusive for seven decades post-independence has become possible thanks to the democratic movement of Muslim women against triple talaq. The Supreme Court judgment of 2017 and this law became possible thanks to tireless efforts of ordinary women. It is no less significant that they received popular support from women and men across India.

Ideally, India needs a Muslim family law which protects legal rights of women just as the Hindu marriage and other family laws. Ideally this law should have been passed through consensus and unanimously by Lok Sabha and Rajya Sabha.  This should have happened in 1950s and 1960s when the Hindu Code laws were being passed and other laws were being amended to enable divorce rights for Christian women. But then we do not live in an ideal world. Indian women continue to bear the brunt of male-dominated society and narrow electoral calculations of politics. Women continue to suffer at home, in family, in society despite of the Constitutional promise of justice, equality, non-discrimination. Muslim women additionally bear this brunt owing to perpetuation of patriarchal norms in the name of religion. It is not an exaggeration to say that Quranic injunctions of justice have failed to translate into reality for ordinary women.

Some of the key objections to the triple talaq law need to be evaluated. This law criminalizes instant triple talaq. Let us bear in mind that the Muslim women’s demand is not about punishing the man, but to ensure justice and fair-play to the wife. Nevertheless, a law would be meaningless without deterrence. Triple talaq has been taking place despite the SC judgment banning it. Under the circumstances, what is the aggrieved woman supposed to do? She can do little else apart from quoting the judgment to the husband determined to pronounce talaq and throw her out. However, the law enables reconciliation between the two by making the offence bailable and compoundable. The fear mongering is unfounded as the FIR can be filed only by wife or family members -- all of whom would be fellow Muslims. This demonization of the woman as though she is simply waiting for the law to send the husband behind bars is laughable and outright patriarchal. Just remember the pathetically low conviction rates in cases of Hindu bigamy, dowry, domestic violence. The conservative personal law board, politicians and some legal experts who have no understanding and concern for the condition of women are baselessly opposing the law. They are attempting to raise fear in the minds of ordinary Muslims by showing the danger of the BJP government. We don’t agree with many other policies of the government. But on the triple talaq issue, the government is 100% correct constitutionally speaking. The legal experts opposing this law need to explain why jail term is ok in Hindu bigamy or dowry or domestic violence but not in triple talaq !

In reality those opposing the triple talaq law never engaged with the question of justice for Muslim women, but are now suddenly concerned about the harm the law would bring to women. Another laughable objection is that: “Who will provide for her for the three years when the husband is in jail?” For heaven’s sake, how did they dream about the husband pronouncing instant unilateral talaq providing maintenance to the wife he has just divorced? We have documented hundreds of cases of women who did not receive a naya paisa from the husband. Not just that, in several cases, the husband simply threw her out of the home, snatched away her belongings and the items she brought as dowry. These experts seem hell-bent on opposing every action of the government; let the women continue to suffer! In throwing out the baby with the bath water, they are unwittingly contributing in retaining the male-dominated status quo.

Owing to the nexus between so-called secular political parties and conservative patriarchal clergy, Muslim women are denied the benefit of legal framework. Triple talaq, halala, polygamy take place in spite of Quranic principles of gender justice and constitutional safeguards. Everybody remembers how Shah Bano, a 65 year old divorced woman was denied a nominal monthly maintenance of Rs 125 granted by the court. The government, clergy, politicians connived to deny justice to a solitary woman under the bogey “Religion is in danger.” They find that the BJP-led government is walking away with the credit. But then, when Congress keeps quiet when women of the whole country demand abolition of triple talaq, this is bound to happen. The BJP has seen a window of opportunity where other political parties miserably failed. But then, who is responsible for this situation? Certainly not the muslim women! Allah created man and woman as equal. The conservative clergy has come in the way of rights granted by Allah!

The demand for change has come from within the Muslim community. Each affected woman is somebody’s sister, somebody’s daughter, and somebody’s mother. There has been a growing awareness about Quranic injunctions on gender justice. Today, Muslims are aware that instant triple talaq is not sanctioned by the Quran. This is the key reason why the conservative Muslim Personal Law Board could not achieve much success in their attempts to raise passions and invoke fear of “interference in shariat.” Sadly, the so-called secular parties remained ambiguous, and did not openly support the agitating Muslim women. This hypocrisy is exposed. It is pointless to go into the motivations of the government, but it must be stated that legal protection for women is mandated by the Constitution.


We are not suggesting that lives of Muslim women would change drastically and immediately. Legal reform is an important part of larger process of social reform. Large sections of Muslims are poor, educationally and economically deprived. They are under threat from communal violence and discrimination. The triple talaq law will have to be followed by awareness, education and empowerment of both women and men.