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Triple Talaq
The Supreme Court on Wednesday asked the Centre to provide the details of the number of FIRs and chargesheets filed against men for pronouncing instant triple talaq to divorce spouses in violation of the 1991 Muslim Women (Protection of Rights in Marriage) Act. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, hearing as many as 12 petitions challenging the constitutionality of the 1991 law, also asked the Centre and other parties to file their written submissions to the pleas. The bench fixed the petitions for final hearing in the week commencing March 17. Samastha Kerala Jamiathul Ulema, a Kozhikode-based Muslim organisation, is the lead petitioner in the case. The respondent (Centre) shall file the total number of FIRs and charge sheets pending under section 3 and 4 of the Muslim Women (Protection of Rights of Marriage) Act 2019. The parties also file written submissions not exceeding three pages in support of their contention, the bench said. Instant 'tr
Defending its 2019 law criminalising triple talaq, the Centre has 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 despite the top court setting aside the practice in 2017, it has "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of the community. "It is submitted that Parliament in its wisdom has enacted the impugned Act to protect the rights of married Muslim women who are being divorced by triple talaq. "The impugned Act helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment," the affidavit said. On 22 August 2017, the apex court had declared instant triple talaq (talaq-e-biddah) unconstitutional. On August 23, 2019, the top court agreed to examin
The Supreme Court on Friday ordered clubbing a fresh plea challenging the validity of certain provisions of the 2019 law, which make the practice of instant divorce through Triple Talaq a punishable offence, with those already pending with the court. Violation of the law entails imprisonment up to three years. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to hear the plea along with pending petitions on which notices were issued to the Centre in 2019. The fresh plea has been filed by Amir Rashadi Madani, a resident of Azamgarh in Uttar Pradesh. During the brief hearing, the CJI asked as to how the provisions violate the rights of men. The counsel for Madani said the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalise instant Triple Talaq and provide for punishment to men. Sections 3 and 4 of the law are contrary to each other, the lawyer claimed. Section 3 terms Triple Talaq as illegal and se
Lauding Prime Minister Narendra Modi for bringing in law against Triple Talaq, BJP National President JP Nadda on Saturday said that no other party had the spine to remove it they only indulged in appeasement politics.While campaigning for the Uttar Pradesh elections, Nadda in Sultanpur said, "Supreme Court ordered to stop triple talaq. No other political party had the spine to remove it, they did politics of appeasement. PM Modi Ji brought the SC's order in the Parliament to get rid of it & give freedom to Muslim sisters."He further said, "Didn't Samajwadi Party shoot at Ram bhakts? Didn't the Congress party postpone & astray the issue of Ram Janmbhoomi? Kapil Sibal (Congress leader) used to say in Supreme Court to hold the decision (of Ram Mandir), otherwise, BJP will benefit."Two phases of the seven-phased polls in Uttar Pradesh have concluded, while the state will have another five phases of polling. Polling for the remaining five phases will take place on February 20,