The Central government on Monday filed an affidavit in the Supreme Court defending its 2019 law criminalising instant triple talaq and said that the 2019 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 Centre in the affidavit further added that setting aside of the triple talaq practice by the Supreme Court did not work as a sufficient deterrent as such divorce case continue to be reported from different parts of the country.
"Despite SC setting aside the practice of talaq-e-biddat, and the assurance of All India Muslim Personal Law Board, there have been reports of divorce by wayof talaq-e-biddat from different parts of the country. It was seen that setting aside talaq-e-biddat by SC has not worked as a sufficient deterrent in bringing down the number of divorces by this practice among certain Muslims," the Centre stated in the affidavit.
The Central government on 30 July 2019 declared the practice of Triple Talaq illegal and unconstitutional and made it a punishable act from 1 August 2019. the Centre said that the pronouncement of Talaaq-e-Biddat has no legal effect and consequence under the Indian Constitution.
Notably, the Centre filed the affidavit in response to a petition arguing that since the Supreme Court had invalidated the practice of 'triple talaq' there is no need to criminalise the same.
The first affidavit in this regard was filed earlier this month by the Samastha Kerala Jamiathul Ulema, which describes itself as "an association of eminent Sunni scholars". The petitioner in the plea had called the Muslim Women (Protection of Rights on Marriage) Act, 2019, unconstitutional.
The petitioners had earlier argued that the Act violates fundamental rights, including those that guarantee Indian citizens equality before law and prohibits discrimination on grounds of religion.
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