criminal-law civil-law india divorce religious-law
Triple Talaq Bill introduced in Indian Parliament
<p>From an article in a leading newspaper:</p>
<blockquote>
<p>Mr. Shashi Tharoor said he was against triple talaq, already voided by the Supreme Court, but opposed the Bill as it <strong>conflated civil and criminal laws.</strong></p>
</blockquote>
<p>How does it conflate civil and criminal laws?</p>

<p><strong>How does it conflate civil and criminal laws?</strong></p>
<p>It doesn't directly, but it criminalises a process that was until recently purely a civil matter.</p>
<p>The so-called triple talaq bill - now enacted as the <em>The Muslim Women (Protection of Rights on Marriage) Act, 2019</em> - makes, at <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00069_201920_1565334896444&amp;sectionId=49422&amp;sectionno=4&amp;orderno=4" rel="nofollow noreferrer">section 4</a>, divorce by <a href="http://www.legalservicesindia.com/article/2324/Talaq-Divorce-in-Islam.html" rel="nofollow noreferrer">talaq</a> a criminal offence:</p>
<blockquote>
<p>Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.</p>
</blockquote>
<p>However, all other modes of divorce, such as <a href="https://www.indiacode.nic.in/handle/123456789/2404?view_type=browse&amp;sam_handle=123456789/1362" rel="nofollow noreferrer">The Dissolution of Muslim Marriages Act 1939</a> for example, fall within the gamut of civil law.</p>
