There have been suggestions in the media that the pronouncement of instant talaq should be treated as emotional abuse and brought under the Protection of Women from Domestic Violence Act, 2005. This view is as legally untenable as the obsession to criminalise talaq-e-biddat. Section 3 of the Act defines emotional abuse as: a) insults, ridicule, humiliation, name calling and insults or ridicule specially (sic) with regard to not having a child or a male child; b) and repeated threats to cause physical pain to any person in whom the aggrieved person is interested.”
The pronouncement of the meaningless formula ‘talaq-talaq-talaq’ in any form after its invalidation by the apex court comes nowhere near this definition. Hence, it cannot be brought under the Act.
A. Faizur Rahman
Chennai
