SC To Review Petitions Filed Against Triple Talaq Act

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The Supreme Court, on the 23rd of August, agreed to review the petitions filed against the Mulsim Women (Protection of Rights on Marriage) Act, 2019, popularly known as the Triple Talaq Act.

The decision of the Supreme Court (SC) came after Jamiat Ulama-i-Hind, a Muslim organisation, on the 22nd of August, filed a fresh petition against the Government’s Triple Talaq Act.

Samastha Kerala Jamiathul Ulama, a religious organisation of Sunni Muslim scholars and Amir Rashid Madni, a politician and Islamic scholar, also filed petitions against the Act.

According to the filed petitions, the Triple Talaq Act is unconstitutional.

The petition filed by Jamiat Ulama-i-Hind read, “Criminalising a mode of divorce in one particular religion while keeping the subject of marriage and divorce in other religions only within the purview of civil law, also leads to discrimination, which is not in conformity with the mandate of Article 15.”

The petitioner said there are several other offences such as riots, bribery, food adulteration, rash driving death and others which have less punishment compared to the Triple Talaq Act.

A bench of Supreme Court judges, headed by Chief Justice of India (CJI) Ranjan Gogoi, issued a notice to the Government of India (GoI) and said, “We have a doubt if a religious practice is declared void and it is still going on, is it not an offence like dowry?”  Justice N.V. Ramana asked the Government, “Why such a practice can be criminalized if it still prevalent?”

The bench further said, “We will examine this.”

The Triple Talaq Act, 2019, which was introduced by the Bharatiya Janata Party (BJP,) was approved by the Lok Sabha and the Rajya Sabha.  It also got the assent of Ram Nath Kovind, the President of India. However, after several petitions were filed against the Act, the SC decided to review the Act.

According to the Triple Talaq Act, repeating the word ‘talaq’ three times for instant divorce amongst Muslims is an offence, which will lead to an imprisonment of three years and a heavy fine.  Any person who does so orally, face to face or through any social media platform, is punishable under the Act.

Stay tuned for further updates.

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