In an essay published in the Washington University Law Review (1979), Martin R. Gardner posed a significant question whether an âillicit legislative motivationâ could be âa sufficient condition for unconstitutionalityâ. He explored this âmuddled areaâ in the context of religious motivation under the establishment clause of the U.S. Constitution and said that âthe claim that religious motivation justifies invalidation is controversial and largely conjecturedâ. He, however, identified âsignificant sectarian motivationâ without a âsecular purposeâ as a ground for invalidation of the law.The content of the Muslim Women (Protection of Rights on Marriage) Bill, 2018 (Triple Talaq Bill) clearly reflects a sectarian overtone that even attempted to mislead the public by distorting the Supreme Court judgment in Shayara Banoâs case (2017). In the âstatement of objects and reasonsâ attached to the Bill, Union Law Minister Ravi Shankar Prasad said that in spite of the Supreme Court setting aside the practice of talaq-e-biddat in Shayara Bano , there have been reports of divorce by way of such means. He described the Bill as an instance of âstate action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorceâ. He also lamented that the Supreme Court verdict âhas not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslimsâ.
