Supreme Court seeks data on criminal cases filed over triple talaq

The bench fixed the petitions for a final hearing in the week commencing March 17.
Triple Talaq
Triple TalaqPhoto | Express illustration
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NEW DELHI: 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.

The petitioners had submitted that the Act violates fundamental rights enshrined in the Constitution. They claimed that the criminalisation of the triple talaq could create "grave public mischief and may lead to polarisation and disharmony in society".

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 respondent (Centre) shall file a reply with respect to the total number of cases pending under sections 3 and 4 of the Muslim Women Protection of Rights of Marriage Act 2019. The other parties also will file their written submissions not exceeding 3 pages in support of their contention. Also we need the data on the FIRs (First Information Report) registered in the rural areas," the apex court said.

The SC renamed the case to: 'In Re: challenge to Muslim Women (Protection of Rights of Marriage) Amendment Act, 2019."

The final hearing has been scheduled during the week commencing on March 17.

Advocate Nizam Pasha, for petitioners, submitted that the "mere utterance of words (talaq thrice)" has been criminalised.

Senior Advocate MR Shamshad, for petitioners, submitted that a separate criminal law penalising triple talaq was unnecessary. 

"In matrimonial cases, even if the wife is beaten up, it takes months to register an FIR. Here, FIR is registered for simple pronouncement," he said.

The petitioners further argued that the sole aim and objective of the new law was “to punish the Muslim husbands”.

Solicitor General of India Tushar Mehta submitted that penalising a discriminative practice is purely within the domain of legislative policy, adding that the maximum punishment prescribed is only three years imprisonment, whereas many other legislations protecting women's rights prescribe a higher punishment.

The CJI responded to SG Mehta, noting that the petitioners were not justifying the triple talaq practice and said the advocates were asking “whether it can be criminalised when the practice is banned and no divorce can take place by uttering Talaq three times at once.”

The CJI said that after data is examined, the Union of India can file a reply.

"Sikhs, Jains, and Buddhists are covered under the Hindu Marriage Act. We have statutory enactments. We will see," the apex court said.

Samastha Kerala Jamiathul Ulema, a Kozhikode-based Muslim organisation, is the lead petitioner in the case.

Instant 'triple talaq', also known as 'talaq-e-biddat', is an instant divorce whereby a Muslim man can legally divorce his wife by pronouncing 'talaq' three times in one go.

Under the law, instant 'triple talaq' has been declared illegal and void, attracting a jail term of three years for the husband.

In a landmark verdict, the apex court on August 22, 2017, had put the curtains down on a 1,400-year-old practice of 'triple talaq' among Muslims and set it aside on several grounds, including that it was against the basic tenets of Quranthe and violated the Islamic law Shariat.

The petitioners had moved the apex court seeking an immediate interim stay on the law, which came into force on August 1, 2019, after receiving the presidential assent.

(With inputs from PTI)

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