Criminology Of Triple Talaq: Critical Appraisal The Indian Criminalization Of Immediate Triple Talaq
- IJLLR Journal
- Aug 7
- 2 min read
Vijay Laxmi Mishra, Mody University of Science and Technology, Laxmangarh, Sikar, Rajasthan
ABSTRACT
The case for the criminalization of instant triple talaq by the Muslim Women (Protection of Rights on Marriage) Act, 2019 is one of the most contentious legal reforms in modern India. Although the objective of this legislation is to prevent arbitrary divorce of Muslim women in the interest of gender justice It has also triggered heated debates amongst criminologists, constitutional law experts, social scientists and human rights activists on whether or not criminal law is suited as a tool for regulating matrimonial relationships. Not only this is not merely a personal law issue, but given that the State legislated to legislate a civil wrong within matrimony into a cognizable and non- bailable 'criminal' offence punishable with imprisonment simple for three years. The effect of this legislative move is to throw into relief some core issues here. They include the philosophy behind punishment What deterrent value pain has/Cass Sunstein's arguments with Fernandes: what do we want the family courts to do/keep apart?
Drawing on classical, positivist, feminist, conflict, labeling and restorative justice theories This paper critiques the process of criminalizing triple talaq through criminological perspectives. It examines whether the incarceration of Muslim spouses is an effective measure for safeguarding women, or does it lead to unintended socio-economic consequences for victims and their families. It also explores the constitutional validity of criminalisation under Articles 14, 15, 21 and 25 of the Constitution of India and examines important and landmark judicial pronouncements predominantly Shayara Bano v. Union of India. A comparative legal analysis between even Muslim-majority jurisdictions would show that most of them abolished instant triple talaq many decades ago but very few opted for criminal sanctions.
It also concluded that while the ban on instant triple talaq was an important step towards achieving constitutional equality and dignity for Muslim women, the decision to make it a criminal offense is criminologically debatable. The study calls for more focus on civil remedies, economic rehabilitation, mediation and other restorative justice mechanisms in addition to legal deterrence. An optimal approach weaving together a gender justice work that also merits effective victim protection will probably be more successful in achieving the goals of the legislation than a purely punitive criminal sanction.
