Friday, 23 August 2019

"Triple Talaq" Law To Be Examined By Top Court, Notice Issued To Centre

"Triple Talaq" Law To Be Examined By Top Court, Notice Issued To Centre
தமிழில் படிக்கবাংলায় পড়ুন हिंदी में पढ़ें
Prime Minister Narendra Modi, after the bill was passed in Rajya Sabha last month, had tweeted that it was a victory of gender justice.
All India | Reported by A Vaidyanathan, Edited by Shylaja Varma (with inputs from PTI) | Updated: August 23, 2019 12:22 IST
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'Triple Talaq' Law To Be Examined By Top Court, Notice Issued To Centre
The Triple Talaq Bill was cleared in parliament last month.


NEW DELHI: The new law that makes "Triple Talaq", a controversial Islamic practice that allows men to divorce their wives instantly, a punishable offense, will be examined by the Supreme Court. The top court has sent a notice to the government seeking its response.
The contentious bill to ban Triple Talaq was passed in parliament last month. The bill that sought to end the practice of Muslim men instantly divorcing their wives by uttering "talaq" thrice saw stiff opposition in the Lok Sabha but sailed through the opposition-dominated upper house, aided by a series of walkouts and abstentions.

Prime Minister Narendra Modi, after the bill was passed in Rajya Sabha, had tweeted that it was a victory of gender justice.

The Supreme Court was hearing three petitions challenging the constitutional validity of the law. The petitioners want the court to declare the law unconstitutional. "We have a doubt if a religious practice is declared void and it is still going on, is it not an offence like dowry?" the top court said today.

"We will examine this," the bench told senior advocate and Congess leader Salman Khurshid, who was appearing for one of the petitioners. Mr Khurshid told the top court that there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which was required to be examined by the court.

The petitions were filed in the Supreme Court a day after President Ram Nath Kovind gave his assent to the legislation.

The government maintains that the Triple Talaq Bill is a step towards ensuring gender equality and justice and that the opposition parties were politicising the issue.

The opposition parties had demanded that the bill be sent to a select committee for further deliberation and scrutiny. They were against the provision for a three-year jail term for erring husbands and claimed that the proposed law will be misused to victimise Muslims.

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(With inputs from PTI)


Supreme Court Agrees to Examine Newly-enacted Triple Talaq Law, Issues Notice to Centre
The SC cited of laws dealing with dowry, harassment as examples while admitting the petitions and issuing notices to the government and various ministries​.
News18.comUpdated:August 23, 2019, 11:32 AM IST facebookTwitterskype
Supreme Court Agrees to Examine Newly-enacted Triple Talaq Law, Issues Notice to Centre Illustration by Mir Suhail/News18.com

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New Delhi: The Supreme Court on Friday agreed to examine the validity of the Triple Talaq Law passed by Parliament in the just-concluded monsoon session.

A bench of justices N V Ramana and Ajay Rastogi issued notice the Centre on a batch of petitions which has sought to declare The Muslim Women (Protection of Rights on Marriage) Act 2019 as "unconstitutional" on grounds that it allegedly violates the provisions of the Constitution.


The court admitted a petition challenging the law filed by Samastha Kerala Jamaithul Ulema and Jamiat Ulama I Hind. Both houses of Parliament in the Budget session had passed a bill to criminalise instant triple talaq.

"We will examine this," the bench told senior advocate Salman Khurshid, who was appearing for one of the petitioners. Khurshid told the bench that there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which was required to be examined by the top court.

"Can't an act declared bad by the court be also not declared an offence by the Parliament?" the apex court observed while agreeing to hear the case. The SC cited of laws dealing with dowry, harassment as examples while admitting the petitions and issuing notices to the government and various ministries​.

01:16 PM, August 23, 2019 / LAST MODIFIED: 01:21 PM, August 23, 2019
Indian SC to examine constitutional validity of triple talaq bill

The Supreme Court building in New Delhi, India. Reuters file photo
Star Online Report
India’s Supreme Court today agreed to examine the constitutional validity of a law passed by parliament last month that criminalises the practice of instant triple talaq among Muslims.

“We will examine this,” an apex court bench consisting of Justices NV Ramana and Ajay Rastogi told senior lawyer and Congress leader Salman Khurshid who appeared for one of the petitioners challenging the law, reports our New Delhi correspondent.

Khurshid told the top court that there were many dimensions of the law, including making the practice a punishable offence and jail term of up to three years, which was required to be examined by the court.

The apex court was hearing three petitions challenging the constitutional validity of the law. The petitioners want the court to declare the law unconstitutional.

The Muslim Women (Protection of Rights of Marriage) Bill 2019, which makes the practice of instant triple talaq a penal offence, was cleared by Parliament in July this year.


Earlier, in August 2017, a five-member bench of the Supreme Court had struck down instant triple talaq bill in a split verdict. Three of the five judges on the Constitution Bench -- Justices Rohinton F Nariman, Uday U Lalit and Kurian Joseph -- had called the practice un-Islamic and “arbitrary” and disagreed with the view that triple talaq was an integral part of religious practice.

The present petitions were filed in the Supreme Court a day after President Ram Nath Kovind gave his assent to the legislation passed by both Houses of parliament.

Prime Minister Narendra Modi-led government maintains that the bill against instant triple talaq is a step towards ensuring gender justice.

The opposition parties had demanded that the bill be sent to a select committee for further legislative scrutiny. They were against the provision for a three-year jail term for erring husbands and claimed that the proposed law will be misused to victimise Muslims.

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