New Delhi: A view of the Supreme Court (SC) of India in New Delhi on Friday, July 12, 2024. The SC on Friday granted interim bail to Kejriwal in a money laundering case linked to the alleged excise policy scam. (Photo: PTI)
Defending its 2019 law criminalising triple talaq, the Centre told the Supreme Court that the practice is “fatal” for the social institution of marriage.
In an affidavit filed in response to petitions challenging the law, the Union of India said that despite the apex court’s ruling on the practice in 2017, it “has not worked as a sufficient deterrent to reduce the number of divorces through this practice” among members of the community.
“It is submitted that Parliament in its wisdom has enacted the impugned law to protect the rights of married Muslim women who are undergoing divorce by way of triple talaq.
“The impugned law helps ensure the broader constitutional goals of gender justice and gender equality for married Muslim women and helps uphold their fundamental rights of non-discrimination and empowerment,” the affidavit said.
On 22 August 2017, the Supreme Court declared instant triple talaq (talaq-e-biddah) unconstitutional. On 23 August 2019, the Supreme Court agreed to review the validity of the Muslim Women’s Rights on Marriage (Protection) Act, 2019.
Violation of the law carries prison sentences of up to three years.
Two Muslim organisations, Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema, have urged the court to declare the law “unconstitutional”.
Jamiat in its petition said that “criminalising a form of divorce in a particular religion while keeping the issue of marriage and divorce in other religions solely within the ambit of civil law leads to discrimination, which is not in accordance with the mandate of Article 15.”
(Only the headline and image of this report may have been reworked by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
First published: August 19, 2024 | 16:49 IS
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