NEW DELHI: Centre has informed Supreme Court that irrespective of the top court setting aside the practice of triple talaq in the 2017 Shayra Bano ruling and assurance of All India Muslim Personal Law Board, there have been reports of divorce by way of triple talaq from different parts of the country and SCs ruling has not worked as “deterrent.”
Centre has told SC that a need to introduce Muslim (Protection of Rights on Marriage) Act, 2019 was felt since number of divorces were not brought down and state action was required for not only giving effect to SCs 2017 ruling but to also redress the grievances of victims of illegal divorce. It was further stated in the affidavit that the police in the absence of punitive provisions were helpless and no action could be taken against the errant husband.
“In spite of the above-mentioned judgment of this Hon'ble Court setting aside triple talaq and the submissions made by the All India Muslim Personal Law Board in their counter affidavit filed before this Hon'ble Court in the Shayara Bano case, inter alia, stating that they would prescribe guidelines to be followed in matters of divorce, emphasising that talaq-e-bidder be avoided by Muslim husbands, there have been reports from various parts of the country that the Muslim husbands have been resorting to divorce by the way of 'talaq-e-biddat' It was also reported in various news channels and dailies that even educated persons were resorting to divorce their wives by adopting instantaneous and irrevocable talaq (talaq-e-biddat),” the affidavit states.
It was further said, “In the absence of any punitive provisions in the extant laws, the police were helpless and no action could be taken against the errant husbands. In view of these, in order to protect the rights of married Muslim women who were being divorced by triple talaq, an Ordinance, namely, the Muslim: Women (Protection of Rights on Marriage) Ordinance, 2018 under Article 123 of the Constitution was promulgated by the President on 19th September, 2018 and was later enacted as the Muslim Women(Protection of Rights on Marriage) Act, 2019 so as to ensure the larger constitutional goals of gender justice and gender equality of married Muslim women and also to help subserve their fundamental rights of non-discrimination and empowerment guaranteed under the Constitution.”
The response has been filed in the batch of pleas seeking to declare the Muslim Women (Protection of Rights on Marriage) Bill, 2019 as unconstitutional and violative of Articles 14,15, 21 and 25. Notably, SC in Shayra Bano case by way of 3:2 majority had set aside the practice of triple talaq by certain Muslim husbands to divorce their wives. Laying emphasis on the fact that since the bill passed by the Parliament has been implemented by way of an Muslim (Protection of Rights on Marriage) Act, 2019 centre has argued that the pleas are not maintainable and have become infructuous.