The Centre will issue an advisory to all states, directing them to ensure that the Supreme Court’s order scrapping triple talaq is complied with. A spokesperson for the Home Affairs Ministry said they will ask state governments to take appropriate action against those trying to use the Islamic practice of instant divorce, PTI reported.
Moreover, the central government also seemed to indicate that there was no need for a new law to check triple talaq as the Supreme Court had declared it unconstitutional. “The government will consider the issue in a structured manner,” Law Minister Ravi Shankar Prasad said. “A prima facie reading of the judgement makes it clear that the majority [of the five-member bench] has held it unconstitutional and illegal.”
An unidentified official also told News18 that the government would only consider “making some amendments to the Muslim Personal Law (Shariat) Application Act, 1937”, and that there was no need to pass a legislation on triple talaq. “Women can report harassment or atrocities under existing laws,” the official said.
Another government functionary told PTI, “The wife is free to drag such a person [a husband practicing triple talaq] to the police and file a complaint of harassment or domestic violence.”
On Tuesday, a five-judge Supreme Court bench struck down the practice of instant triple talaq, calling it unconstitutional and in violation of Article 14 of the Indian Constitution, which provides for equality before the law. The bench was divided 3-2 on the matter, with the majority verdict scraping the practice.
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