The Supreme Court of India on Wednesday directed the Central Government to submit details of the number of First Information Reports (FIRs) and chargesheets filed against men who have pronounced instant triple talaq to divorce their spouses, violating the Muslim Women (Protection of Rights on Marriage) Act, 2019.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing a batch of 12 petitions that challenge the constitutional validity of the 2019 law, which criminalizes the practice of talaq-e-biddat—the instant form of triple talaq. The court also asked the Centre and other involved parties to submit written arguments supporting their stance. The Supreme Court has scheduled the final hearing for the week starting March 17, 2025, marking a crucial legal battle concerning the rights of Muslim women and the legitimacy of the government’s intervention in religious matters.
“The respondent (Centre) shall file the total number of FIRs and chargesheets pending under Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The parties shall also file written submissions not exceeding three pages in support of their contention,” the bench stated. The lead petitioner in this case is Samastha Kerala Jamiathul Ulema, a Kozhikode-based Muslim organization, which contends that the law unfairly criminalizes religious practices.
Understanding the Instant Triple Talaq Law
Instant triple talaq, commonly referred to as talaq-e-biddat, allows a Muslim man to divorce his wife instantly by pronouncing ‘talaq’ three times in one sitting, either orally, in writing, or even through electronic communication such as WhatsApp or email. However, the Muslim Women (Protection of Rights on Marriage) Act, 2019 declared this practice illegal and void, and violators face a three-year jail term along with a fine. The law was passed to safeguard the rights of Muslim women, ensuring they are not arbitrarily abandoned by their husbands.
The criminalization of instant triple talaq stems from a landmark Supreme Court judgment on August 22, 2017, in which a five-judge constitution bench ruled the practice unconstitutional. The verdict came after a series of petitions were filed by affected women who argued that triple talaq violated their fundamental rights.
The Supreme Court struck down the practice, stating that it was not an essential part of Islam, was against the basic tenets of the Quran, and violated Shariat (Islamic law). The ruling was seen as a significant victory for gender justice, bringing relief to countless Muslim women who had suffered due to this practice.
Challenges to Triple Talaq Ban
Despite being hailed as a progressive step toward gender equality, the 2019 law has faced opposition from several Muslim organizations and legal experts. Opponents argue that marriage and divorce are civil matters under personal law and should not attract criminal punishment. Critics believe that the law selectively criminalizes Muslim men, while no similar punishment exists for men of other religions who abandon their wives. While the law penalizes the husband, it does not provide a structured rehabilitation plan or financial assistance for the affected women.
The Bharatiya Janata Party (BJP)-led government has consistently defended the law, stating that it aims to empower Muslim women and provide them with legal protection from arbitrary divorce. Government representatives argue that criminalizing instant triple talaq serves as a deterrent, preventing men from misusing the practice.
“The law is not against any religion but is meant to protect the rights of Muslim women who have been suffering due to this archaic and unfair practice,” a senior government official remarked. Since the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, multiple FIRs have been filed under its provisions. However, there have been debates on the law’s effectiveness, with some reports suggesting that instances of triple talaq have reduced, while others claim that legal loopholes allow husbands to abandon their wives without formally divorcing them. The Supreme Court’s demand for FIR and chargesheet data will provide crucial insights into how frequently the law has been enforced and whether it has achieved its intended objectives.
What Lies Ahead?
With the final hearing scheduled in March 2025, the Supreme Court’s ruling on the constitutionality of the 2019 triple talaq law could have far-reaching implications for Muslim personal law, gender rights, and legislative intervention in religious matters. If upheld, the law will continue to criminalize instant triple talaq, but if struck down, it may open discussions on alternative measures to protect women’s rights within the Muslim community.
The ongoing Supreme Court proceedings on instant triple talaq mark a critical moment in India’s legal and social landscape. While the 2019 law was introduced to protect Muslim women from sudden divorce, its constitutional validity remains under scrutiny. As the court prepares for the final hearing, the data on FIRs and chargesheets will shed light on how the law has been implemented over the past few years. The verdict will not only shape the future of Muslim personal law but also set a precedent on the extent of state intervention in religious practices.
