Law against triple talaq aimed at ensuring gender justice for Muslim women, Centre tells SC
The government argued that the 2017 Supreme Court verdict declaring the practice unconstitutional was not a sufficient deterrent.
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The law criminalising triple talaq is aimed at ensuring gender justice and gender equality for married Muslim women, the Union government argued before the Supreme Court on Monday, according to PTI.
The Centre made the statement in response to a petition by the Samastha Kerala Jamiathul Ulema, which urged the court to declare the Muslim Women Protection of Rights on Marriage Act, 2019 as unconstitutional.
The law criminalises instant triple talaq, and provides for imprisonment of up to three years for any man who seeks to divorce his wife in this manner. In this practice, a Muslim man could instantly divorce his wife by pronouncing “talaq” three times.
The Muslim Women Protection of Rights on Marriage Act was notified on July 31, 2019 and came into force with retrospective effect on September 19, 2018. The law was implemented over a year after instant triple talaq, or Talaq-e-Biddah, was declared unconstitutional by the Supreme Court on August 22, 2017.
The Union government on Monday told the Supreme Court that the judgement from 2017 declaring the practice as unconstitutional did not work as a sufficient deterrent, The Indian Express reported.
“Therefore, it was felt that there is a need for State action to give effect to the order of this Hon’ble Court and to redress the grievances of...
