The government has defended its 2019 law banning triple talaq, arguing before the Supreme Court that the practice is “fatal” to the institution of marriage
.In an affidavit responding to challenges against the law, the government noted that despite the Supreme Court’s 2017 ruling against triple talaq, the practice continues to result in divorces, showing the need for stronger deterrentsThe center has said it has, “not worked as a sufficient deterrent in bringing down the number of divorces by this practice”
The government also highlighted that Parliament passed the law to safeguard married Muslim women from being divorced through triple talaq.
“The impugned 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 said in its affidavit.
Meanwhile, two Muslim organisations, Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulama have asked the court to declare the law “unconstitutional.”
Jamiat in its petition argued that criminalizing a specific mode of divorce for one religion while leaving marriage and divorce in other religions under civil law creates discrimination and violates Article 15.
Supreme Court Declared Instant Triple Talaq unconstitutional
The Supreme Court ruled instant triple talaq (talaq-e-biddah) unconstitutional on August 22, 2017. Two years later, on August 23, 2019, the Court agreed to review the Muslim Women (Protection of Rights on Marriage) Act, 2019, which penalizes violations with up to three years of imprisonment.
Triple Talaq Bill in Upper House
On July 30, 2019, the BJP-led NDA government at the Centre had passed the triple talaq bill in the Upper House with 99 votes in favor and 84 against. The removal of the practice was a key promise of the BJP.However, after struggling to pass the legislation in the Rajya Sabha due to insufficient numbers, the government led by Prime Minister Narendra Modi had issued several Ordinances.
