Lucknow, August 02 (HS): Laws do more than regulate conduct;

they reflect the moral priorities of a society and the constitutional values it

seeks to uphold. India's Muslim Women (Protection of Rights on Marriage) Act,

2019—popularly known as the Triple Talaq Law—is one such landmark legislation.

Enacted after the Supreme Court invalidated the practice of instant triple

talaq (talaq-e-biddat), the law sought to safeguard the dignity and legal

rights of Muslim women. Seven years later, however, an important question

remains: has the legislation fundamentally improved the lives of Muslim women,

or has it become better known as a symbol of political contestation than of

measurable social change? quips Dr. Mohammad Azhar Ansari, Senior Research

Fellow, Indian Council of Social Science Research (ICSSR), New Delhi.

“The legal journey began in August 2017 when the Supreme

Court, in Shayara Bano v. Union of India, declared instant triple talaq

unconstitutional. Parliament followed with legislation in 2019, rendering any

instant divorce pronounced orally, in writing, or electronically void and

illegal, while also making the act a criminal offence punishable by up to three

years' imprisonment. The law represented a significant constitutional

affirmation of gender equality. For decades, Muslim women's groups had

challenged the unilateral nature of instant triple talaq, arguing that it violated

both constitutional guarantees and principles of justice within Islamic

jurisprudence. The legislation therefore carried symbolic importance, assuring

women that marital relationships could no longer be dissolved through an

arbitrary and unilateral declaration,” he remarked.

“Government statements have consistently argued that the law

has substantially reduced instances of instant triple talaq. Official figures

released during the early years of implementation suggested an 82 percent

decline, while later statements claimed that the reduction had reached 96

percent. Yet these assertions have not been accompanied by regularly updated,

independently verifiable national datasets. Without transparent evidence, such

claims—whether optimistic or sceptical—remain difficult to evaluate

objectively.

This lack of reliable data points to a broader challenge in

public policymaking. The effectiveness of legislation cannot be assessed solely

through political narratives or isolated statistics. Comprehensive information

on registered cases, FIRs, charge sheets, convictions, acquittals, settlements,

and final reports remains unavailable in the public domain. Recognizing this

gap, the Supreme Court in January 2025 directed the Central Government to

furnish detailed information regarding cases registered under the Act. The

directive underscored an essential principle of democratic governance: accountability

requires transparency,” he opined during a free-wheeling discussion.

“The legislation has also remained politically contentious

since its inception. The Government presented it as a historic step toward

women's empowerment and gender justice. Critics, however, questioned whether

criminalization was necessary after the Supreme Court had already invalidated

instant triple talaq. Several legal scholars and civil society organizations argued

that imprisoning a husband could have unintended consequences for the economic

security of the very families the law sought to protect. Supporters responded

that meaningful deterrence required meaningful penalties. This continuing

debate illustrates that the law occupies a complex intersection of

constitutional rights, criminal justice, religious freedom, and gender

equality,” he stated.

“Beyond legal reform lies the more difficult task of social

transformation. Experience over the past seven years suggests that legislation

alone cannot eliminate structural inequalities. The long-term empowerment of

Muslim women depends equally upon access to quality education, gainful

employment, affordable healthcare, legal aid, economic independence, and

greater public awareness of legal rights. Persistent concerns regarding

maintenance, inheritance, domestic violence, and effective access to justice

continue to shape the lived realities of many women across the country. The

broader lesson extends beyond the Triple Talaq Law itself. Successful legal

reform is measured not only by the enactment of statutes or the pronouncement

of judicial decisions, but by their capacity to improve everyday lives.

Constitutional promises acquire meaning only when they translate into tangible

security, dignity, and equal opportunity,” he claimed.

“Seven years after its enactment, the Triple Talaq Law

remains a significant milestone in India's legal and constitutional

development. It ended the legal validity of instant triple talaq and reaffirmed

the constitutional commitment to protecting women's rights. Whether it

ultimately achieves its larger objective of advancing social justice, however,

will depend on rigorous empirical evaluation rather than political rhetoric.

The next stage of the debate should therefore move beyond ideological positions

and focus on transparent data, independent research, and evidence-based policy

assessment. Such an approach would not only strengthen democratic

accountability but also ensure that the pursuit of gender justice remains

grounded in measurable social outcomes rather than competing political

narratives,” he stated prior to signing off.

Hindusthan Samachar / Abhishek Awasthi