Criminalisation without an object: Critical reflections on the Muslim Women (Protection of Rights on Marriage) Act, 2019

Chaudhary, Shraddha (2022) Criminalisation without an object: Critical reflections on the Muslim Women (Protection of Rights on Marriage) Act, 2019. Socio-Legal Review, 17 (2): 1. pp. 105-135. ISSN 0973-5216

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Abstract

The invalidation of triple talaq by the Supreme Court of India triggered the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The paper demonstrates the superfluous and arbitrary nature of the Act in light of the Supreme Court’s decision to strip triple talaq of its power to repudiate a marriage. Drawing from the rich and varied theories of criminal law in Anglo-American legal discourse, the paper argues that the criminalisation of triple talaq lacks theoretical foundation and is wholly unjustified. Finally, the paper sets the criminalisation of triple talaq within the context of the social and material vulnerabilities of Muslim women, and the political dominance of the right-wing Hindutva in India, arguing that it is likely to cause significant harm by exposing India’s Muslim minority further to the State’s coercive powers. For these reasons, the criminalisation of triple talaq requires urgent reconsideration.

Item Type: Article
Keywords: Muslim Woman | India | Triple Talaq | Protection of rights on Marriage
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 20 Sep 2022 04:51
Last Modified: 04 Oct 2022 10:15
Official URL: https://repository.nls.ac.in/slr/
URI: https://pure.jgu.edu.in/id/eprint/4565

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