Triple Talaq Ordinance Challenged in Supreme Court by Samastha Kerala Jamiyyathul Ulema
In its petition, the outfit said the triple talaq ordinance violates Articles 14, 15 and 21.
New Delhi, Sep 25: A petition was filed challenging an ordinance which was approved by the central government to criminalise triple talaq or instant divorce. The petition was filed by Samastha Kerala Jamiyyathul Ulema, a religious organisation of Sunni Muslim scholars and clerics. In its petition, the outfit said the triple talaq ordinance violates Articles 14, 15 and 21.
The petitioner also alleged the government misused Article 123 of the Constitution to promulgate the triple talaq ordinance. On September 19, the Union Cabinet approved an ordinance making triple talaq a criminal offence. This came after the government failed to get a bill on the issue passed in the last monsoon session of Parliament.
Following the Supreme Court's verdict declaring triple talaq unconstitutional, the government brought the Muslim Women (Protection of Rights on Marriage) Bill, 2017 to criminalise the controversial Islamic divorce practice. The bill was passed by the Lok Sabha in December last year. However, due to lack of majority, the government couldn't get it passed in the Upper House.
President Ram Nath Kovind had last Wednesday signed the ordinance, according to which giving instant triple talaq has been made illegal and void and will attract a jail term of three years for the husband. Seeking to allay fears that the law could be misused, the government also included some safeguards in it, such as providing for bail to the accused husband.
(The above story first appeared on LatestLY on Sep 25, 2018 03:40 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).