The court on Friday took up a batch of petitions challenging the newly enacted law which makes the practice of ‘triple talaq’ among Muslims a punishable offence, entailing imprisonment of up to three years.
A bench of Justices NV Ramana and Ajay Rastogi has sought the Centre’s response on the petitions, which want The Muslim Women (Protection of Rights on Marriage) Act 2019 declared as “unconstitutional”.
The petitions were filed by Samastha Kerala Jamiathul Ulema, Sayyed Farooq and Jamiat Ulama-i-Hind, who say the law violates Articles 14, 15 and 21 of the Constitution of India, Bar&Bench reported.
Senior Advocate Salman Khurshid appeared on behalf of the petitioners and argued that the intent behind the law the punishment of Muslim husbands since the top court had already declared the practice of triple talaq unconstitutional on August 22, 2017.
The law has been criticised for being “polarising” and making divorce a penal offence, targetting Muslim men.
The BJP-led NDA had promulgated an ordinance on triple talaq twice ― once in 2018 and once in 2019 ― because the bill had not passed in the Rajya Sabha.
Last Friday, Kerala reported the first arrest under this law in Kozhikode.