Published On : Fri, Aug 23rd, 2019

“Triple Talaq” Law To Be Examined By Top Court, Notice Issued To Centre

Supreme Court

New Delhi: The Supreme Court has issued a notice to the Centre seeking clarification on the constitutional validity of ‘The Muslim Women (Protection of Rights on Marriage) Act, 2019 or the triple talaq law.

This means that the Supreme Court is set to review the triple talaq law.

A bench of justices N V Ramana and Ajay Rastogi issued notice the Centre on a batch of petitions which has sought to declare The Muslim Women (Protection of Rights on Marriage) Act 2019 as “unconstitutional” on grounds that it allegedly violates the provisions of the Constitution.

“We will examine this,” the bench told senior advocate Salman Khurshid, who was appearing for one of the petitioners.

Khurshid told the bench that there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which was required to be examined by the top court.

This comes a day after Jamiat Uilama-I-Hind, a Muslim body, moved the Supreme Court challenging the constitutional validity of the triple talaq law.

The petition, filed through advocate Ejaz Maqbool, claims that under the Act, “talaq” has been defined to mean “talaq-e-biddat” or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

“Pertinently, such a form of divorce had already been declared unconstitutional by Supreme Court vide its judgment dated August 22, 2017 rendered in Shayara Bano v. Union of India,” said the petition stating that the top court did not express any opinion to criminalise the pronouncement of talaq by a Muslim husband.