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