Criminalisation Without an Object
Critical Reflections on the Muslim Women (Protection of rights on Marriage) Act, 2019
Bibliographic Data
| ID | 21606027 |
|---|---|
| Authors | Shraddha Chaudhary (0000-0001-7810-0819, corresponding author) |
| Year | 2021 |
| Volume | 17 |
| Issue | 2 |
| Pages | 109 |
| Publication date | 2021-07-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Socio-Legal Review (JOURNAL) |
| Journal identifiers | ISSN: 0973-5216 |
| Publisher | National Law School of India University (PUBLISHER • IN) |
| DOI | 10.55496/dcjg7858 |
| OpenAlex | W4395104993 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
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
Harm · Hindutva · Political science · Politics · Sociology · Supreme court · Gender and Women's Rights · History · Law
| Citations per year | 0.5 |
|---|---|
| Citation span | 2024 - 2024 (1) |
| Highly cited | No |