Kerala based Muslim Group Challenged Triple Talaq Law In SC
Mumbai: The day after Lok Sabha passed Triple Talaq Bill, it has been challenged in the Supreme Court on Friday.
A religious organisation of Sunni Muslim scholars and clerics in Kerala moved the top court seeking to declare it as unconstitutional.
“The Act has introduced penal legislation, specific to a class of persons based on religious identity. It is causative of grave public mischief, which, if unchecked, may lead to polarization and disharmony in society,” the plea said.
In the case of the number of followers, the organization claiming to be the largest Muslim organization in Kerala has presented that the law is specific to the Muslims and the purpose behind the act is not the abolition of triple talaq but the punishment of Muslim husbands.
“Section 4 imposes a maximum sentence of 3 years imprisonment when a Muslim husband pronounces Triple Talaq. The offence is cognizable and non-bailable as per Section 7,” the plea said.
It also claimed that the law has violated Articles 14, 15 and 21 of the Constitution and thus, is liable to be struck down.
It has been said in the argument that if the motive was to protect a Muslim wife in “an unhappy marriage”, then no proper person can assume that the means of ensuring that “put the wrong husband in jail for three years and To make a non-bailable offence. ” To say only ‘talaq talaq talaq’.
The new law makes the effect of immediate and irreversible divorce pronounced by a Muslim husband in another unlawful ‘talaq-e-bidaddat’ or ‘Talaq and illegal.
This makes it illegal in a meeting – through three words, written or via SMS or Whatsapp or any other electronic chat.
It has been said in the law, “Any accent of Talkh by a Muslim husband on his wife, in words either in written or electronic form or in any other way, will be zero and invalid.”
Challenging the Constitutional validity of the new law, the petitioners mentioned Section 1 (3) of the Act, including the Secretary-General of the organization, Alicitti Musliere, which gives it retrospective effect from September 19, 2018.
“The creation of crime can be the privilege of the legislature, the government is not obliged to act just and sensibly, not only in administrative matters but also in sovereign matters. There is no reported assessment or study for the petitioner’s knowledge – The central government has made this crime, “said the petition.
It said, “There is no logical or constitutional reasoning for members of the Muslim community to make a divorce as a punishable crime, and such a law can not be examined in paragraph 14.”
It said that “welfare-oriented law” will increase the criminalization and criminalization of a community, not only to reduce crime.
“With respect, it has been presented that any such law should shock the judicial discretion. The act imposed is an attempt and should be killed in violation of Article 21,” it said.
(With PTI Inputs)
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