(PTI) New Delhi, Ta. August 23, 2019, Friday
The Supreme Court on Friday agreed to test the merits of the newly created triple divorce law and has sent a notice to the central government on the issue. Under the new Triple Talaq law, the instant divorce, which was granted three times a day to Muslims, has been punished with a three-year jail sentence.
Judges n. V. A bench comprising Raman and Ajay Rastogi has sent a notice to the Center seeking a declaration of 'unconstitutional' on the grounds that the Muslim Woman (Protection of Rights of Marriage) is allegedly violating the provisions of the Constitution. "We will investigate this matter," said Salman Khurshid, a lawyer appearing on behalf of the applicants.
Khurshid said the new law requires a number of aspects to be examined by the Supreme Court, including punitive offenses and up to three years in prison. He added that while the Supreme Court has repealed the triple talaq system, the applicants are concerned about making the triple talaq system prevalent among Muslims in the new law a punishable offense.
He told the bench that if there is no such thing as triple talaq, then the Center is guilty of anything and he referred to a five-judge constitutional bench ruling on the issue, which rejected the prevailing triple talaq system among Muslims.
In this regard, the Bench asked that if the religious system was declared void and it was declared a crime like dowry and child marriage, but if it was still in currency, what could be resolved?
In this regard, Khurshid stated that some aspects need to be investigated. He said that it should investigate whether women's rights were denied in this religious system.
While the bench has agreed to examine the new triple divorce law, it noted that the applicants have also raised the issue of granting bail to the husband only after hearing the woman for three years in prison and the court.
The petition states that the law did not maintain the sanctity of marriage by providing the husband with imprisonment and could cause serious harm to the marriage. A total of four petitions challenging the merits of the new law have been filed in the Supreme Court.
Two Muslim organizations Jamiat Ulema-e-Hind and all Kerala Jamiat-ul-Ulema, Sunni Muslim scholars and religious organizations in Kerala, have challenged the new law this month in the Supreme Court.
Jamiat-Ulema-Hind petitioned the Supreme Court on Thursday. President Ram Nath Kovind has approved the law making it a punishable offense for any form of 'talaq-e-biddat' (triple talaq) or immediate effect given by Muslim husbands.
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