Criminalization of Triple Talaq: A Critical Analysis

This article aims at investigating the criminalization of Triple Talaq in India through a critical analysis of The Muslim Women (Protection of Rights on Marriage) Act, 2019. Triple Talaq, a practice wherein a Muslim husband can divorce his wife by uttering the word ‘Talaq’ three times has been a subject of intense debate and legal scrutiny. This article explores the landmark case of Shayara Bano v. Union of India to understand the constitutional debate that disseminated before the declaration of the unconstitutionality of Triple Talaq by the Apex Court of India. The paper mainly focuses on the examination of the legislative response to this judgment of the Supreme Court which culminated in the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and its alignment with the principles of equality and gender justice. It focuses on the socio-legal implications of the Act in order to provide a comprehensive understanding of its effectiveness. It further provides various suggestions for the policymakers in order to effectively address the identified loopholes and drawbacks in the legislation.