The Union Home Ministry has issued an advisory to all States to “keep a close watch to avoid any untoward incident in the wake of a Supreme Court judgment declaring instant talaq illegal and unconstitutional.”
The advisory is part of general instructions issued on the occasion of Bakrid, which falls on September 1.
The Ministry issues instructions ahead of every major festival asking States to be vigilant of any terror attack or a communal flare-up.
Supreme Court sets aside instant 'talaq’
No notification
Asked if the Ministry will issue a separate notification to ensure implementation of the court order on talaq, Ministry spokesperson Ashok Prasad said no additional direction was under consideration as the issue was not directly under its purview.
The advisory was issued to all State DGPs and chief secretaries on Wednesday.
Another Home Ministry official clarified, “We are not in the picture. But if a woman has still been given instant talaq and she comes to the police station, then any penal action would depend on the circumstances. If she has been threatened or intimidated and physically hurt, there are relevant Sections under IPC, which can be invoked. If it is only instant talaq, then it becomes a civil matter.”
Asked if a new law is required, Law Minister Ravi Shankar Prasad told The Hindu on Tuesday that “the issue will be considered in a structured manner.” A senior Law Ministry official said that despite the court order if a woman still faces triple talaq, she can file a police complaint for harassment under Protection of Women from Domestic Violence Act, 2005. Another official said it was not the job of the police to look at divorce cases.