Indian apex court seeks report on FIRs registered against men for triple talaq

The Indian apex court, after seven and half years of banning triple talaq, has asked the Centre to submit a report on the total number of FIRs registered against men for resorting to divorcing their wives via triple talaq.

The Supreme Court has described triple talaq as "unconstitutional, manifestly arbitrary, gender discriminatory and violative of the right to equality."

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The SC bench, led by Chief Justice Sanjiv Khanna, started hearing a batch of PILs against the Muslim Women (Protection Of Rights On Marriage) Act 2019 passed. The bill was passed to criminalise the triple talaq by the central government. As per the law, a Muslim man who gives triple talaq to his wife gets at least three years in jail.

Maulana Amir Rashadi Madani, the Samastha Kerala Jamiathul Ulema, and the Jamiat Ulama-e-Hind were among others who filed petitions against the law and raised questions on the criminalisation of the act.

Chief Justice Sanjiv Khanna said, "If divorce through triple talaq is not recognised by law or the SC judgment holding the field now, it means the relation between the husband and wife continues...you have criminalised the talaq pronouncement...relationship has not come to an end...you have criminalised the process..you have penalised the very act of pronouncing it."

He further added, "No advocate can defend the validity of triple talaq practice, but the question before us is whether it can be criminalised when the practice is banned and no divorce takes place."

“Regressive divorce through triple talaq was still continuing, also this was a policy matter in which the court should not interfere. It's like someone says talaq talaq talaq ...from next moment you are not my wife out of my home out of my life..can it be allowed?" said Solicitor General Tushar Mehta, defending the criminalisation on behalf of the Centre.

(With inputs from agencies)