File photo. Photograph:( Zee News Network )
The petitioner has prayed that the Triple Talaq ordinance be struck down as it violates Articles 14, 15 and 21
A petition has been filed in the Supreme Court challenging the validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 which seeks to criminalize the practice of Triple Talaq, reported news agency ANI.
The petition has been filed by the Samastha Kerala Jam’eyyath ul-Ulama, a religious organisation of the Sunni Muslim scholars and clerics based in Kerala, the report added.
The petitioner has prayed that the Triple Talaq ordinance be struck down as it violates Articles 14, 15 and 21. It further contends that the ordinance was promulgated by a misuse of Article 123 of the Constitution.
This petition comes close on the heels of a similar petition filed in the Bombay High Court, challenging the Triple Talaq Ordinance as being “illegal, null, void, unreasonable and arbitrary.”
The Muslim Women (Protection of Rights on Marriage) Bill 2017 was passed in the Lok Sabha in December last year. However, the Bill did not see the light of day as Opposition in the Rajya Sabha expressed reservations over some provisions.
The Centre, therefore, took the Ordinance route, introducing a few changes to the 2017 Bill.
One of the changes introduced is that the police can lodge an FIR only if approached by the victim, her blood relations, or people who become her relatives by virtue of marriage.
Further, the offence has now been made non-compoundable, where a magistrate can use his powers to settle the dispute.