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On August 22, 2017 the Supreme Court passed a historic judgement in the case of Shayara Bano v. Union of India rendering the practice of Triple Talaq unconstitutional among muslims. Triple Talaq is an old age customary practice among muslims to give divorce to their wives by saying TALAQ thrice. Since, then government has been in the favour of criminalising this practice in order to protect the Muslim women from facing any kind of injustice and to ensure their protection in such cases.
The government passed the Muslim Women (Protection of rights on Marriage) Act, 2019 which makes the practice of triple talaq a punishable offence by providing for a three year imprisonment for the husband who gives talaq to her wife by following the practice of Triple Talaq. The government has based the criminal law against Talaq-e-biddat on this judgement. Many are in favour of this law, while some feel that the punishments provided for this offence are in excess to the act committed.
Many petitions have been filed in the Supreme Court after the law has been made on triple talaq. A bench headed by Hon'ble Mr. Justice N V Ramana tagged the fresh petition filed by Muslim Advocates Association with other pleas challenging the law and asked for center's reply on it. Last month, there were three petitions filed by Samastha Kerala Jamiathul Ulema, Sayyed Farooq and Jamiat Ulema-e-Hind challenging the constitutionality of Triple Talaq Law upon which the court issued a notice.
Jamiat Ulema-e-Hind, one of the leading organizations of Muslims in their petition has called central legislation as disproportionate, extremely excessive and stringent. Further, it is said that a person who gives talaq is not only imprisoned for three years but has also been made liable to pay fine which is to excessive and that under Indian Penal Code, 1860 there are many grave offences which have lesser punishment.
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