Latest Articles
Back
Triple Talaq legislation is challenged in the Delhi High Court
A petition was challenged at the Delhi High Court opposing the latest legislation criminalizing the exercise of immediate divorce through ' triple talaq ' among Muslims. The plea challenging the Muslim Women (Protection of Rights on Marriage) Act 2019 was filed by a lawyer who argued that since Triple Talaq has been stated as void, the legislation of its pronouncement cannot be interpreted as a criminal offence or even as a simple infringement or a civil infringement.
The petition was filed by the lawyer Shahid Ali. He referred some provisions of the law, which proclaimed pronouncement of triple talaq as a non – bailable offence which includes the Punishment as imprisonment of three years; the plea stated that this would close down all spaces for peace between the husband and wife. In this accused was arrested without a warrant. The religious organization has stated that the Act enables criminal activities against a specific group of individuals based on their religion.
The petitioner claimed that the central government's intention was "malafide and ultra-vires" of the Constitution as well as the decision of the Supreme Court stating an instantaneous and irrevocable divorce pronounced by a Muslim spouse will be declared as void and illegal. The petition stated that the criminalization of ' triple talaq ' could be misused as the Act does not provide for a system to verify the trustworthiness of the claims of such a pronouncement. The criminalization of Triple Talaq will violate the principles of Natural Justice, Fundamental Rights of Citizens and Directive Principles of State policy. In the High Court, Petition filed has questioned about the lack of a system for testing the veracity of complaints to pronounce the term ' talaq ' three times.
It is sought to state that Section 4 imposes a maximum sentence of 3 years imprisonment when a Muslim husband pronounces Triple Talaq and Section 7 says that the offence is cognizable and non-bailable, of the Muslim women (Protection of Rights on Marriage) Act, 2019 are in violation of Article 14, 15, 21 & 25 (2) of the Constitution of India and are liable to set aside.
