Supreme Court verdict: What happens if someone gives triple talaq now?

The Supreme Court by a 3:2 majority has held triple talaq to be unconstitutional. Two dissenting judges have directed the Government to make a law within six months and until then put a stay on any triple talaq.  Questions galore over the enforceability of a split and complicated 395-page judgment given after 18 months.

A triple talaq given after this judgment will not only constitute contempt but would also enable women to peruse remedies under the law. Specific Relief Act will protect the married status of the woman while Section 125 of CrPC will ensure monetary maintenance. Women can also use the provisions of Domestic Violence Act, 2005

India has ratified Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW ) which was adopted by UN in 1979. Article 16(2) of CEDAW mandates registration of marriages. Based on this provision and other State Laws, Supreme Court in 2011 in Seema v. Ashwani had directed for compulsory registration of marriages of all citizens of India. The judgment of the Supreme Court is yet to be followed after 11 years. Yogi Government in UP has recently mandated for compulsory registration of marriages and the same require Aadhaar details of the husband and wife. 

Law Commission in its 211th report that came out in 2008 has discussed registration of divorces. Recognizing the 1876 law governing Muslim marriage and divorce, the Commission also listed 6 states, viz. West Bengal, Bihar, Jharkhand, Odisha, Assam and Meghalaya that already have provisions for registration of divorces of Muslims.

Article 44 of the Constitution envisages a Uniform Civil Code. Law Commission also floated a questionnaire and is working on a report regarding the same as per orders of the Supreme Court. Parliament has already formed different laws in relation to marriage and divorce as well as registration of birth and death. It will only be better if Parliament follows the spirit of many Supreme Court Judgments and mandates compulsory registration of divorces. A small non-religious apolitical step will ensure protection of rights of millions of women who are left as destitute as well give as vital data on the changing social fabric of India.

Virag Gupta is a Supreme Court lawyer and an expert in Constitutional affairs