Criminalization of Divorce and Muslim Women: A Reality Check of Triple Talaq Law, 2019 in India

Abstract

The passing of the controversial Muslim Women (Protection of Rights on Marriage) Act (MWA) 2019, commonly known as the Triple Talaq (divorce) Law, declared the pronouncement of instant triple talaq (oral irrevocable divorce) “illegal,” making it a criminal, cognizable and compoundable offense. The criminalization of divorce by the Hindu nationalist regime triggered a nationwide debate with divided opinions within women’s groups, opposition parties, and Muslim religious organizations. It raised multiple concerns about the supposed neutrality of the law, judicial activism in family matters, and its impact on the Muslim families concerned. The article investigates how the MWA unfolded on the ground. It examines the nature, the contestations, the meanings of “reform” in Muslim Personal Law (MPL), and the issue of gender justice in the context of the broader political discourse (secular v. communal) and political symbolism (MPL v. Uniform Civil Code (UCC)). It puts forward two arguments: first, the site of lawmaking and adjudication is a contested terrain, with users of the law drawing their own meaning, translating law differently and navigating strategically in different legal forums; and, second, the MWA has “de-stabilized” the notion of Muslim family in matters of divorce in multiple ways where the ideologically divided political discourse(s) shape(s) their negotiations, navigations, and strategies, not the need for gender justice.