The Centre backed its 2019 law against triple talaq by telling the top court that the practice is fatal to the institution of marriage and it makes Muslim women’s condition very pathetic. The government argued on Monday in an affidavit filed before the Supreme Court.
The centre said that the law against Triple Talaq ensures larger constitutional goals and gender justice and helps their fundamental rights of non-discrimination and empowerment.
“No stringent Measures Against Their Husbands”
“The only recourse available to victims of “triple talaq” is to report the incident to the police, who were unable to assist them because the legislation did not include any punitive measures against husbands. Stringent (legal) provisions were desperately needed to stop (this),” the government said.
Petitioner argues verdict is unconstitutional
The Centre made this statement in response to an affidavit that was submitted earlier this month in response to a request for a declaration that the Muslim Women (Protection of Rights on Marriage) Act, 2019, is unconstitutional and violates Articles 14, 15, 21, and 123 of the Constitution. The request was made by two Muslim Organisations, Samastha Kerala Jamiathul Ulema and Ulama-I-Jamiat Hind and have asked the court to declare the law “unconstitutional.”
In their appeal, Jamiat said that it would be discriminatory to criminalize a particular kind of divorce for one religion while allowing marriage and divorce legal under civil law for other religions, in violation of Article 15.
Timeline of Triple Talaq Verdict
The Supreme Court ruled that instant triple talaq, also known as talaq-e-biddah, was unconstitutional on August 22, 2017. The Court decided to examine the legality of the Muslim Women (Protection of Rights on Marriage) Act, 2019 on August 23, 2019. There is a maximum three-year prison sentence for violating the law.
On July 30, 2019, the triple talaq bill was approved by the Upper House with 99 votes in favor and 84 against, under the BJP-led NDA government at the Centre. One of the BJP’s key promises was to scrap the practice.
