Triple talaq practice fatal for marriage: Centre to SC

New Delhi: Defending its 2019 law criminalising triple talaq, the Centre has told the Supreme Court that the practice is "fatal" for the social institution of marriage. In an affidavit filed in response to petitions challenging the law, the Union of India said despite the top court setting aside the practice in 2017, it has "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of 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 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 affidavit said.

On 22 August 2017, the apex court had declared instant triple talaq (talaq-e-biddah) unconstitutional. On August 23, 2019, the top court agreed to examine the validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Violation of the law entails imprisonment of up to three years. Two Muslim organisations -- Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema -- have urged the court to declare the law “unconstitutional”.

Jamiat claimed in its petition that “criminalising 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”.