Since triple talaq law, rate of divorce among Muslims came down by 96%: Arif Mohd Khan

The rate of divorce among Muslims has "come down by 96 per cent" since triple talaq was made a punishable offence under the law in 2019 and this has benefitted women and children, Kerala Governor Arif Mohammed Khan said on Thursday.

Addressing a gathering at a seminar here on Uniform Civil Code (UCC), he also wondered is it not odd that when one seeks justice, religion has to be stated first.

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On the All India Muslim Personal Law Board sending its objections on UCC to the Law Commission, Khan said everyone has a right to express their opinion.

"The Law Commission has sought suggestions... And, I am very hopeful that all suggestions that will come up, will get full attention from the Law Commission and the government," he told reporters later.

The UCC refers to a common set of laws on marriage, divorce and inheritance that would be applicable to all Indian citizens irrespective of religion, tribe or other local customs.

The Law Commission had on June 14 initiated a fresh consultation process on UCC by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

In his address, Khan also spoke of the Shah Bano case of the 1980s.

He praised the enactment of the The Muslim Women (Protection of Rights on Marriage) Act 2019 which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years, and recalled how it took two years since the Supreme Court's landmark verdict in 2017.

In its verdict, the apex court by a majority of 3:2 had ruled that the practice of divorce through triple talaq among Muslims is "void", "illegal" and "unconstitutional".

The apex court also held that the triple talaq is against the basic tenets of Quran.

"Do you know after the judgement, teen talaq did not stop even a single day," Khan said, and recounted how he got a call from a person in Bahraich in Uttar Pradesh, who mentioned of such a case happening with a woman, even after the verdict.

He then mentioned how it took two years to finally have the practice of instant divorce through triple talaq among Muslims, made a punishable offence.

"Talaq has not been banned, and it can't be banned, triple talaq has been banned, and the result of making it a punishable offence is that in Muslim community, the rate of divorce have come down by 96%. And, not only women benefitted, but children too whose future were ruined due to divorce earlier," Khan said.

In his address, he also mentioned that the British rulers had decided to implement laws for people pertaining to their respective religions.

"Is it not odd that when one goes to seek justice, then one's religion has to be stated first, and which community one belongs to. So, is it equality before the law? Is it equal protection of law? No," he said.

Two women go to a court, and in a similar case, both get different justice because they belong to a different religious backgrounds. How can you accept in today's era, Khan asked.