India Nears Ban on Instant Muslim Divorces, Introducing Strict Punitive Measures

India Nears Ban on Instant Muslim Divorces, Introducing Strict Punitive Measures

India’s new policy on triple talaq: a hard-hit marriage-bias policy is now a jail sentence

What the cabinet decided

  • The government has officially slapped the triple talaq practice with a law that turns it into a non‑bailable offence.
  • Those who sound “talaq” three times in one go could face a prison term of up to three years.
  • The move comes after a Supreme Court judgement last year that declared the practice unconstitutional.

  • Why the political motive is in the mix

    • Prime Minister Narendra Modi says he’s aiming to court “Muslim women voters.”
    • He promised in an Independence Day address that he would not stop till justice is delivered to these women.
    • Despite the Supreme Court ban, triple talaq still sees a handful of cases pop up in the courts.

    Legislative background

    The Supreme Court last August struck down a law that allowed Muslim men to divorce their wives by saying “talaq” three times.
    Since then, the government has been hunting for a way to make the practice explicitly prohibited in the penal code.

    Key player

    Federal Law Minister Ravi Shankar Prasad announced at a news conference that the Cabinet’s order is approved because, well, the practice is still happening even when the court says it shouldn’t.

    So while India moves to keep the “instant divorce” out of the books, the political party in power is juggling both justice and electoral math. It’s a complicated recipe, but perhaps a necessary one in the pursuit of a fairer society.