Centre passes ordinance on triple talaq: Is criminalising offence tantamount to 'legislative overreach'?
6 years, 3 months ago

Centre passes ordinance on triple talaq: Is criminalising offence tantamount to 'legislative overreach'?

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While the government’s intention to ban Triple Talaq is laudable inasmuch as it can act as an effective deterrent for men from arbitrarily divorcing their wives, the question is whether criminalising the offence can amount to a case of ’legislative over-reach’; here, I refer to a scenario where the Legislature is overstepping into the domains of a religion’s personal law to prescribe a remedy which the personal law never intended. However, as the Bill could not be passed by the Rajya Sabha in this year’s Monsoon Session, it was still pending in the Rajya Sabha when the central government passed the ordinance criminalising triple talaq. One of the strongest criticisms of any attempt by the government to criminalise Triple Talaq is that the government should not interfere in the personal laws of any religion and that Triple Talaq falls in the jurisdiction of the All India Muslim Personal Law Board ; the AIMPLB is a non-governmental organisation which was established in 1973 to ensure the protection and application of Sharia law in India. While the government’s intention to ban Triple Talaq is laudable inasmuch as it can act as an effective deterrent for men from arbitrarily divorcing their wives, the question is whether criminalising the offence can amount to a case of ’legislative overreach’; here, I refer to a scenario where the Legislature is overstepping into the domains of a religion’s personal law to prescribe a remedy which the personal law never intended.

History of this topic

Centre defends law on triple talaq in SC, says practice ‘fatal’ to institution of marriage
4 months, 4 weeks ago
Centre defends law against triple talaq, says it legitimised ‘abandonment’ of Muslim women
4 months, 4 weeks ago
The unseemly politics of the Uniform Civil Code
1 year, 6 months ago
Need for state action was felt in triple talaq law, Centre tells Supreme Court
1 year, 8 months ago
Kerala CM Slams Triple Talaq Ban: The Debate
1 year, 10 months ago
Triple talaq law helping women: PM in Mann ki Baat
2 years, 10 months ago
Triple Talaq Law: Legal Reform is the First Step to Empower Muslim Women, Writes Zakia Soman
3 years, 3 months ago
Two Years of Triple Talaq Law: All About the Legislation That Banned Instant Divorce by Muslim Men
3 years, 5 months ago
Short film shows Muslim woman thanking PM Modi for banning Triple Talaq
4 years, 10 months ago
All India Muslim Personal Law Board Moves SC Challenging Triple Talaq Act [Read Petition]
5 years, 2 months ago
UP govt's assistance to triple talaq survivors delinks outlawed practice from religion, may help widen acceptability of ban
5 years, 3 months ago
Triple Talaq law enters a Bareilly university’s curricula, call made for more varsities to follow suit
5 years, 3 months ago
SC Issues Notice On Another Plea Challenging Criminalization Of Triple Talaq
5 years, 4 months ago
Supreme Court agrees to examine triple talaq law
5 years, 4 months ago
SC to examine validity of new triple talaq law, issues notice to Centre
5 years, 4 months ago
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5 years, 4 months ago
Triple Talaq Bill: In the guise of justice
5 years, 4 months ago
Criminalization of triple talaq challenged in Supreme court and Delhi High Court
5 years, 5 months ago
"Protection of Wives Can't Be Achieved By Incarceration of Husbands".Plea In SC Challenges Law Criminalizing Triple Talaq [Read Petition]
5 years, 5 months ago
Another case filed under new Triple Talaq law in Thane
5 years, 5 months ago
Up to 3 years jail for Muslim men giving instant triple talaq: Ram Nath Kovind gives assent to Muslim Women (Protection of Rights on Marriage) Bill
5 years, 5 months ago
President Ram Nath Kovind gives assent to triple talaq Bill
5 years, 5 months ago
After clearance from Rajya Sabha, Triple Talaq Bill gets President Ram Nath Kovind's nod
5 years, 5 months ago
Talaq, talaq, ta… enough now!
5 years, 5 months ago
Triple talaq law: A historic moment for social justice
5 years, 5 months ago
In victory for NDA, Rajya Sabha passes bill to ban instant triple talaq
5 years, 5 months ago
In victory for NDA, Rajya Sabha passes bill to ban instant triple talaq
5 years, 5 months ago
Law Minister Ravi Shankar Prasad tables Triple Talaq Bill in Rajya Sabha, says 'it should not be seen through political prism'
5 years, 5 months ago
Triple talaq bill in Rajya Sabha: Do you know why it is controversial?
5 years, 5 months ago
Centre trivalised triple talaq by sidelining Opposition remarks on bill; govt's attempt at Muslim inclusion reeks of haste
5 years, 5 months ago
Full text: Lok Sabha passes bill criminalising instant triple talaq, allows jail term of upto three years for husband
5 years, 5 months ago
Triple Talaq Bill Passed By Lok Sabha [Read Bill]
5 years, 5 months ago
Will oppose Triple talaq bill: Asaduddin Owaisi
5 years, 6 months ago
'Triple Talaq Bill isn't good for Muslim families', says Shashi Tharoor; Owaisi terms it 'against Constitution'
5 years, 6 months ago
What is in triple talaq bill that makes it so contentious?
5 years, 6 months ago
Congress to oppose Bill on triple talaq
5 years, 7 months ago
Triple talaq Bill to be sent to Parliament again
5 years, 7 months ago
Triple talaq crusaders continue to fight for survival
5 years, 9 months ago
Supreme Court nixes plea against triple talaq ordinance
5 years, 9 months ago
Triple Talaq Ordinance Repromulgated
5 years, 10 months ago
Union Cabinet Approves Proposal To Promulgate Triple Talaq Ordinance
5 years, 10 months ago
Sunday Interview: What does triple talaq bring to the table? Just criminalisation?'
5 years, 11 months ago
Against Criminalisation in Triple Talaq Bill, Congress Clarifies
5 years, 11 months ago
Centre re-promulgates triple talaq ordinance after failing to get bill passed in Rajya Sabha
6 years ago
President Re-promulgates Triple Talaq Ordinance
6 years ago
Triple Talaq Bill to be discussed in Rajya Sabha tomorrow, BJP, Congress issue whips
6 years ago
LS clears triple talaq bill: Congress walks out, Owaisi cries hypocrisy as BJP speaks of 'justice' for Muslim women
6 years ago
Triple Talaq bill passed in Lok Sabha: Who said what
6 years ago
Lok Sabha Passes Bill Making Triple Talaq Punishable Offence [Read Bill]
6 years ago
Triple talaq Bill penalises Muslim men: Congress MP
6 years ago

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