Law banning ‘triple talaq’ enacted as SC verdict non-deterrent: Centre | India News
NEW DELHI: The Union government on Monday told the Supreme Court that Parliament was compelled to enact a law in 2019 to make Muslim men who instantaneously divorce their wives through ‘triple talaq‘ liable to imprisonment as the SC’s 2017 ruling declaring it unconstitutional did not prove to be a deterrent against such unilateral sudden snapping of marital relationships that left abandoned married women destitute.
Defending validity of The Muslim Women (Protection of Rights on Marriage) Act, 2019, whose validity was challenged by ‘Samastha Kerala Jamiathul Ulema’, the Centre said despite a 5-J bench ruling in 2017 in Shayara Bano case, “there have been reports of divorce by way of ‘talaq-e-biddat’ from different parts of the country.”
“It was seen that setting aside ‘talaq-e-biddat’ by the SC has not worked as a sufficient deterrent in bringing down the number of divorces by this practice among certain Muslims,” the govt said, adding this was the reason why it felt the pressing need for giving effect to SC’s ruling through a law to protect the dignity of married Muslim women.
It said, “Parliament in its wisdom has enacted the law to protect the right of married Muslim women who are being divorced by triple talaq. The law helps in ensuring 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 Centre termed as baseless the petitioner’s claim that marriage being governed by personal law must be exempt from the ambit of criminal law. “Marriages are a social institution which the State has a special interest in protecting. It is beyond doubt that the State can protect the stability of marriages by resorting to the device of criminal law,” it said, citing enactment of Protection of Women from Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961.
It also justified the law holding Muslim husbands alone accountable by saying it is he and his relatives who indulge in such practice. It said the SC must not interfere with the legislative enactment making punishable a manifestly arbitrary act of ‘triple talaq’, which has already been declared by SC as violative of Article 14 of the Constitution.
Defending validity of The Muslim Women (Protection of Rights on Marriage) Act, 2019, whose validity was challenged by ‘Samastha Kerala Jamiathul Ulema’, the Centre said despite a 5-J bench ruling in 2017 in Shayara Bano case, “there have been reports of divorce by way of ‘talaq-e-biddat’ from different parts of the country.”
“It was seen that setting aside ‘talaq-e-biddat’ by the SC has not worked as a sufficient deterrent in bringing down the number of divorces by this practice among certain Muslims,” the govt said, adding this was the reason why it felt the pressing need for giving effect to SC’s ruling through a law to protect the dignity of married Muslim women.
It said, “Parliament in its wisdom has enacted the law to protect the right of married Muslim women who are being divorced by triple talaq. The law helps in ensuring 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 Centre termed as baseless the petitioner’s claim that marriage being governed by personal law must be exempt from the ambit of criminal law. “Marriages are a social institution which the State has a special interest in protecting. It is beyond doubt that the State can protect the stability of marriages by resorting to the device of criminal law,” it said, citing enactment of Protection of Women from Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961.
It also justified the law holding Muslim husbands alone accountable by saying it is he and his relatives who indulge in such practice. It said the SC must not interfere with the legislative enactment making punishable a manifestly arbitrary act of ‘triple talaq’, which has already been declared by SC as violative of Article 14 of the Constitution.
