Andhra advocates’ plea against law on triple talaq

The Supreme Court on Friday took onboard a petition filed by an association of advocates from Andhra Pradesh challenging law criminalising the pronouncement of triple talaq by Muslim men.

A Bench led by Justice N.V. Ramana issued notice to the Central government and tagged the petition to other identical ones filed against the Muslim Women (Protection of Rights on Marriage) Act 2019, which penalises the declaration of triple talaq.

Other petitions include one by the Jamiat Ulama-I-Hind, which has said the Act has made triple talaq a non-bailable offence by which men can be imprisoned for three years even as desertion of wife by husband is not considered an offence in India. At best, desertion was a ground for divorce. The Hind said the three-year imprisonment prescribed under the Act was both “disproportionate and excessive”.

The organisation said the law had made the declaration of triple talaq an offence graver than other crimes like rioting, kidnapping, death by negligence, concealment of birth by secret disposal of body, bigamy, bribery, food adulteration, etc.

Another petition by Samastha Kerala Jamiathul, one of the biggest religious organisation of the Sunni Muslim scholars and clerics in Kerala, claimed that the sole objective of the new law was “to punish Muslim husbands”.

The Jamiathul said, “If the motive was to protect a Muslim wife in an unhappy marriage, no reasonable person can believe that the means to ensure it is by putting an errant husband in jail for three years and create a non-bailable offence for merely saying “talaq, talaq, talaq”. Further, the offence was confined only to Muslim husbands.

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Printable version | Feb 21, 2020 6:31:22 AM |

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