The Centre has defended its 2019 law that criminalizes triple talaq, describing the practice as “fatal” to the institution of marriage.
In an affidavit submitted to the Supreme Court in response to petitions challenging the law, the Union of India argued that, despite the Supreme Court declaring triple talaq unconstitutional in 2017, the ruling alone has not effectively reduced the number of divorces through this practice within the community.
“It is submitted that Parliament in its wisdom has enacted the impugned Act to protect the rights of married Muslim women who are being divorced by triple talaq,” the affidavit states. The Centre also emphasized that the law is crucial for upholding the broader constitutional goals of gender justice and equality, ensuring that married Muslim women are protected from discrimination and empowered.
On August 22, 2017, the Supreme Court ruled that instant triple talaq (talaq-e-biddah) was unconstitutional. Subsequently, on August 23, 2019, the Supreme Court agreed to review the validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Under this law, violating its provisions can result in imprisonment for up to three years.
Two Muslim organizations—Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema—have challenged the law, urging the court to declare it unconstitutional.
Jamiat argued in its petition that “criminalizing a mode of divorce in one particular religion while keeping the subject of marriage and divorce in other religions only within the purview of civil law, leads to discrimination, which is not in conformity with the mandate of Article 15.”
