Triple talaq bill challenges judiciary!

Muslim women (Protection of Rights on Marriage) Act 2019, was one among the list of controversial acts that was passed by the BJP led government. The act which was passed in solemn aim of criminalizing the practice of Triple talaq, the instant divorce system prevails in Muslim community goes to the judicial challenge after the Supreme court bench headed by Justice Ramana had agreed to review and examine the petitions filed against the law ahead to which the notice has been issued to the Central government.

The act was passed by the Central government on July 31st after acquiring sounding majority in both houses of the parliament, has the provisions of criminalizing the instant divorce system, which the apex court had ruled out as unconstitutional. If being proven guilty, the law can pronounce three years of imprisonment as the punishment where the court had hearing multiple pleas testing its lasting validity.

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Representing one of the Muslim organizations which had filed petition, Senior advocate Salman Khurshid said that there is no ground of justification for criminalizing the act since it had already been pronounced unconstitutional by the apex court where, the advocate representing Jamiat Ulaima-i-Hind had said that the law had added the provisions wrongfully that the talaq is irrevocable divorce pronounced by Muslim husband and the petition further stated that the apex court, by naming such practice as unconstitutional on August 2017, hadn't expressed any remarks and opinions to criminalize the talaq which has been sounded by Muslim husband.

It added that the method had already been declared null and void and beyond that the act prescribes imprisonment for the Muslim husband by screening the fact that the marriage survives even the talaq has been pronounced. The petitions had claimed that pronouncing triple talaq is the mode in Muslim community to withdraw the marriage contract and further stated that no criminal verdict can be made against Muslim men who practices the religious mode, which is also fall under the violations of the fundamental rights.

The Petition also urged the court that the judiciary have to consider three pronouncements of Talaq instantly as one pronouncement as like how it has been followed in other Islamic countries. It also demanded to wipe off the disputed section 6 of the act which grants the right of custody of minor children on a Muslim woman.

 

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