Triple talaq: Violating SC order amounts to domestic violence, home ministry advisory soon
The Home Ministry will send out an advisory to all states and union territories to strictly enforce the verdict of the Supreme Court which struck down instant triple talaq as unconstitutional. Home Ministry officials told OneIndia that the advisory will be sent out to all 29 states and seven union territories to ensure strict compliance of the Supreme Court's verdict.
Those found violating the SC order will be booked under the Domestic Violence Act. The government has decided that there would be no need for a legislation. It was the minority verdict by Chief Justice of India J S Khehar and Justice Abdul Nazeer which spoke about a legislation. The majority view was that a legislation would not be required.
The observations made by Justices R F Nariman and U U Lalit who delivered the majority verdict along with Justice Kurian Joseph pointed out that there is no need to ask Parliament to legislate on triple talaq as it is not an integral part of religion and is just a practise which itself is considered to be something innovative. Such a practice, the judges held, must pass the musters of Article 13, whereby all laws in derogation to the fundamental right are to be declared bad.
After the advisory is issued, the home ministry would direct the states to sensitise the police about the issue. The police would have to deal with the complaints arising from Muslim women. If a man issues triple talaq and there is a complaint filed by the wife, then it would amount to Domestic Violence.
The government says that there would be a need in the near future to introduce a law to deal specifically with triple talaq cases. However for now, the police can book the violators under the Domestic Violence Act.
With the advisory, the Home Ministry would also send out a list of dos and donts for the police while dealing with such issues. The verdict would be studied before legal opinion is sought and only then will the advisory be sent out. In the interim the police can act upon complaints by Muslim women, the home ministry official also said.
While all states can book men violating the SC order under the Domestic Violence Act, it would be slightly different in the case of Jammu and Kashmir where this act does not apply. In Jammu and Kashmir, the provisions of the J&K Protection of women from Domestic Violence Act 2010 would be applicable.
What is the Protection of Women from Domestic Violence Act of 2005:
Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006.
The Act provides for the first time in Indian law a definition of "domestic violence", with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse.
There are various regulations or provisions being made for protection of women against domestic violence under the statute such as Sec.304B of IPC pertaining to dowry death.
Under section 313-316 of IPC female infanticide has been made punishable which means forcefully terminating the pregnancy of a women.
Other sections of IPC dealing with these issues are section 305-306 related to abetment of suicide and 340,349 of IPC respectively wrongful confinement and wrongful restraint.
A complaint can also be filed under section 498A of IPC for cruelty which also falls under domestic violence.
How to file a complaint under the Act:
Call 100 or 1091(women emergency helpline number) and report it to the concerned authority.
Write down the police report or incident number and keep with your records.
One can move to domestic violence shelter as stated under section 6 of protection of women from Domestic Violence act, 2005.
Seek the support of caring people on whom you have trust or who would keep your privacy such as a friend, a family member, a neighbour etc. So that they could act as a witness in your bad times.
File for protection order as stated under section 18 of Domestic Violence act so that the abuser can stay away from you.