The Supreme Court on Wednesday directed the Central government to furnish data on criminal cases registered under the Muslim Women (Protection of Rights on Marriage) Act, 2019 concerning the pronouncement of triple talaq. The directive came while the Court was hearing multiple petitions filed by Muslim organizations challenging the constitutionality of the 2019 law.
A Bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar sought details on pending triple talaq cases and any legal challenges before High Courts against the enactment. The Court was considering 12 petitions contesting the law, which criminalizes the practice of instant triple talaq among Muslims.
The petitioners argued that the legislation unfairly targets a specific religious community by introducing penal provisions exclusively for Muslim men. They contended that such a law fosters social discord and polarization. Additionally, they pointed out that the Supreme Court had already declared instant triple talaq unconstitutional in the Shayara Bano case, rendering the new law unnecessary.
Further, they claimed that the Act’s purpose is not merely to abolish triple talaq but to criminalize Muslim husbands, leading to potential misuse and unjust prosecution.
The Court clarified that the petitions were solely contesting the criminalization aspect of the law and not defending the practice of triple talaq itself. The matter remains under judicial scrutiny as the Court continues its deliberations.
