Supreme Court seeks details on men using triple talaq
What's the story
The Supreme Court has asked the central government to provide details of the number of FIRs and chargesheets filed against men for using triple talaq. The direction came while the court was hearing 12 petitions challenging the constitutional validity of the Muslim Women (Protection of Rights in Marriage) Act, 2019. The bench, headed by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, has fixed the final hearing for March 17.
Legal debate
Petitioners question criminalization of triple talaq
The SC has asked the Centre to file data on pending cases under sections 3 and 4 of the 2019 Act. All parties are to file written submissions, not exceeding three pages. The lead petitioner in this case is Kozhikode-based Muslim organization Samastha Kerala Jamiathul Ulema. The petitioners contend that criminalizing triple talaq targets a particular religion and may cause societal disharmony.
Legal history
Triple talaq declared illegal in 2017
Instant triple talaq, or 'talaq-e-biddat,' is a practice where a Muslim man can divorce his wife by saying 'talaq' thrice in a row. The landmark Supreme Court verdict on August 22, 2017, declared the practice illegal and void. The verdict noted triple talaq violated Islamic law Shariat and was against the Quran's basic tenets. Subsequently, the parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes triple talaq.
Data request
Court seeks data on FIRs registered under the Act
A spate of petitions were then filed with the Supreme Court, challenging the law. The petitioners have argued that since the Supreme Court pronounced the practice of instant triple talaq unlawful in 2017, the statute now serves no purpose. They argued that the Act's intent is not to abolish triple talaq, but rather to punish Muslim husbands. Pronouncing instant 'triple talaq' is now illegal and void under the law, attracting a jail term of three years for the husband.