THE SUPREME Court on Friday agreed to examine the constitutional validity of the recently-enacted law making instant triple talaq a punishable offence.
Hearing a clutch of petitions, a two-judge bench of the apex court, comprising Justices N V Ramana and Ajay Rastogi, said it “will examine” the legislation and issued notice to the Centre.
Four petitions have urged the court to declare the The Muslim Women (Protection of Rights on Marriage) Act 2019 as “unconstitutional”.
Appearing for a petitioner, Senior Advocate Salman Khurshid questioned the logic of making triple talaq a criminal offence when the Supreme Court had held it unconstitutional.
Responding, the bench sought to know what was the remedy if a practice held null and void and declared an offence still goes on.
Two Muslim organisations, Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema, are among those who approached the apex court.
The Jamiat-Ulama-I-Hind has termed the law “manifestly erroneous”, “arbitrary” and the punishment prescribed by it “disproportionate and excessive”.
The plea, filed by Advocate Ejaz Maqbool, said as the SC had already held instant triple talaq void and illegal, “no circumstance, whatsoever, existed… requiring the enactment of the Impugned Act”.
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