Instant Divorce Law Challenged


Geeta Anand of The New York Times reports that in India, a Muslim instant divorce is being challenged by a grassroots resistance movement.  Instant divorce, in this context, entails a husband repeating “I divorce you” three times.  Thereupon the marriage is dissolved and the wife loses all rights to reside in their home and often to receive financial support.  The consequences are dire as few of these women have ever worked outside their home and have little opportunity to ever achieve self-sufficiency.  The challenge is similar to one that would be made under the equal protection clause of the Constitution.  The Indian “Constitution grants citizens the right to ‘equality before the law’ and prohibits ‘discrimination on grounds of religion, race, caste and sex.’ But it also gives Indians ‘the right to freely profess, practice and propagate religion’ and allows every religious denomination the right ‘to manage its own affairs in matters of religion.'”  To learn more, https://www.nytimes.com/2017/05/28/world/asia/india-divorce-muslims-islam-women.html

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