The Supreme Court stated on Monday that it will hear petitions challenging the constitutionality of the Muslim Women (Protection of Rights on Marriage) Act, 2019, in November 2023.
When the matter was heard today by the Division Bench of Justice Sanjiv Khanna and Justice M.M. Sundresh, the petitioners sought one matter be designated as the lead matter in which all pleadings may be finished.
As a result, the court ordered that WPC No. 993/2019 Amir Rashadi Madni Vs Union of India be treated as the lead petition and that all pleadings to be filed in the said issue.
The Apex Court vide its judgment dated August 22, 2017 in Shayara Bano v. Union of India & Ors, (2017)9 SCC 1, had declared the ‘talaq-e-biddat’ or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband, unconstitutional.
According to this judgement, the Central government passed the Women (Protection of Rights on Marriage) Act 2019 on July 31, 2019, criminalising the declaration of divorce in such a manner and prescribing a sentence of up to 3 years jail for the same.
A slew of writ petitions has been filed before the Supreme Court to challenge this Act.
Amir Rashadi Madni, a politician and Islamic scholar, filed the lead petition.
The Petitioner has challenged the Act’s constitutionality, claiming that it is “un-Islamic” and violates Articles 13, 14, 15, 21, and 25 of the Constitution.
