Legal excess
The triple talaq bill is a textbook case of overcriminalisation
The Union law minister, Ravi Shankar Prasad, while introducing the bill, surprisingly said, “The Supreme Court has held triple divorce as a sin.”
Every punishment which does not arise from absolute necessity, says Montesquieu, is tyrannical. In fact, criminal law should be used only as a “last resort” (ultima ratio) and only for the “most reprehensible wrongs”. Excessive use of criminal law for purposes it is ill-suited to tackle is the harsh reality of modern state. Since 1977, 3,000 new offences have been created in England and in the US we have approximately 3,00,000 federal crimes today.
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