India's government on Wednesday approved a ban on the Islamic practice of instant divorce or "triple talaq" among the country's minority Muslims, in a landmark move hailed as a victory for the community's women.
The Indian Cabinet, headed by Prime Minister Narendra Modi, made triple talaq in any form – spoken, written or electronic means like email or SMS – an offense by passing an executive order, as the government had struggled to pass the law in the face of opposition in parliament.
The practice allows Muslim men to divorce their wives just by uttering the word "talaq" three times.
Men protest against the Indian cabinet's decision to make instant Muslim divorce, or "triple talaq" a punishable offense in Mumbai, September 19, 2018. /VCG Photo
The Supreme Court outlawed the practice in August last year but it persists.
Indian Law Minister Ravi Shankar Prasad said the government was compelled to bring in the ordinance to ban instant divorce as it was still prevalent, despite being already annulled by the country's Supreme Court last year.
"The instance of triple talaq has continued unabated,” Prasad told a news briefing, adding that the government had recorded 201 such divorces after the Supreme Court struck down the law.
"In a secular country like India... gender justice was given the complete go-by," he said.
A victory for Muslim women
Though Talaq-e-biddat (instant divorce) has no mention in Sharia Islamic law or the Koran, the practice has existed for decades.
Most Islamic countries have banned triple talaq, but the custom has continued in India, which does not have a uniform set of laws on marriage and divorce that apply to every citizen.
Prasad said there were instances of men divorcing their wives over the WhatsApp messaging app or for reasons such as their poor cooking.
An Indian Muslim woman prays at the Shah-E-Alam Dargah in Ahmedabad, August 10, 2018. /VCG Photo
The legislation stymied in parliament sought to make triple talaq a non-bailable offense, with up to three years in jail.
Campaigners have hailed the government's latest proposed move. "This will empower Muslim women, many of whom have for long suffered at the hands of their husbands," said Heena Khan, a Muslim activist.
The government's executive order would allow Muslim women or immediate relatives to complain to the police, who could then arrest the husband if required, Prasad said.
"It's a victory for Muslim women."
(Cover: Muslim women protest against a bill passed by India's lower house of Parliament that aims at prosecuting Muslim men who divorce their wives through the "triple talaq" in New Delhi, January 4, 2018. /VCG Photo)