The Indian central government on Monday (August 19) claimed that 'triple talaq' was 'fatal' to the social institution of marriage as it defended its 2019 law criminalising the practice.&nbsp;

<h2 bis_size="{&quot;x&quot;:7,&quot;y&quot;:67,&quot;w&quot;:649,&quot;h&quot;:26,&quot;abs_x&quot;:40,&quot;abs_y&quot;:1817}">The need for the law</h2>

Responding to an affidavit challenging the law, the Union of India defended the law and said that while the nation's top court had set aside Triple Talaq (talaq-e-biddah) in 2017, it had "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of the community.

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It contended that the "Parliament in its wisdom has enacted the impugned Act to protect the rights of married Muslim women who are being divorced by triple talaq."

Furthermore, the Union government said in its affidavit that the act helps in ensuring "the larger constitutional goals of gender justice and gender equality of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment."

<h2 bis_size="{&quot;x&quot;:7,&quot;y&quot;:362,&quot;w&quot;:649,&quot;h&quot;:26,&quot;abs_x&quot;:40,&quot;abs_y&quot;:2112}">Criticism of the law</h2>

Two Muslim&nbsp;organisations, namely Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema, have urged the Supreme Court of India to declare the Muslim Women (Protection of Rights on Marriage) Act, 2019 as "unconstitutional".

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In its petition, Jamiat claimed that the criminalisation of talaq-e-biddah was discriminatory.&nbsp;

"Criminalising a mode of divorce in one particular religion while keeping the subject of marriage and divorce in other religions only within the purview of civil law, leads to discrimination, which is not in conformity with the mandate of Article 15," it said.

It also contended that the punishment for the offence was unfair.

"Section 7 of the Impugned Act makes the pronouncement of&nbsp;talaq (having the effect of&nbsp;instantaneous divorce) a cognisable and a nonbailable offence. It is submitted that even offences like Kidnapping (Section&nbsp;363 of IPC) which are far graver are bailable."

<h2 bis_size="{&quot;x&quot;:7,&quot;y&quot;:672,&quot;w&quot;:649,&quot;h&quot;:26,&quot;abs_x&quot;:40,&quot;abs_y&quot;:2422}">Triple Talaq law</h2>

Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the practice of talaq-e-biddah or Triple Talaq, was made a penal offence punishable by a maximum sentence of up to three years of imprisonment.

Before that, in a landmark judgment, the Supreme Court had in 2017 held the practice "void" and "unconstitutional".

(With inputs from agencies)

The Indian central government on Monday (August 19) claimed that 'triple talaq' was 'fatal' to the social institution of marriage as it defended its 2019 law criminalising the practice.

The Indian central government on Monday (August 19) claimed that 'triple talaq' was 'fatal' to the social institution of marriage as it defended its 2019 law criminalising the practice. The need for the law Responding to an affidavit challenging the law, the Union of India defended the law and said that while the nation's top court had set aside Triple Talaq (talaq-e-biddah) in 2017, it had "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of the community. Also read | CBI gets court nod to conduct lie detector test of main accused Sanjay Roy in Kolkata rape-murder case It contended that the "Parliament in its wisdom has enacted the impugned Act to protect the rights of married Muslim women who are being divorced by triple talaq." Furthermore, the Union government said in its affidavit that the act helps in ensuring "the larger constitutional goals of gender justice and gender equality of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment." Criticism of the law Two Muslim organisations, namely Jamiat Ulama-I-Hind and Samastha Kerala Jamiathul Ulema, have urged the Supreme Court of India to declare the Muslim Women (Protection of Rights on Marriage) Act, 2019 as "unconstitutional". Also read | Political arena in Jammu & Kashmir abuzz after announcement of assembly elections In its petition, Jamiat claimed that the criminalisation of talaq-e-biddah was discriminatory. "Criminalising a mode of divorce in one particular religion while keeping the subject of marriage and divorce in other religions only within the purview of civil law, leads to discrimination, which is not in conformity with the mandate of Article 15," it said. It also contended that the punishment for the offence was unfair. "Section 7 of the Impugned Act makes the pronouncement of talaq (having the effect of instantaneous divorce) a cognisable and a nonbailable offence. It is submitted that even offences like Kidnapping (Section 363 of IPC) which are far graver are bailable." Triple Talaq law Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the practice of talaq-e-biddah or Triple Talaq, was made a penal offence punishable by a maximum sentence of up to three years of imprisonment. Before that, in a landmark judgment, the Supreme Court had in 2017 held the practice "void" and "unconstitutional". (With inputs from agencies)

Indian govt defends Triple Talaq ban, says practice makes Muslim women’s condition pathetic

The Supreme Court on Friday sought a response from the Centre on a batch of petitions challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises triple talaq and provides for a jail term up to three years for the husband.

A bench headed by Justice NV Ramana issued notice to the government on separate petitions filed by politician and Islamic scholar Amir Rashadi Madni and two organisations -- Samastha Kerala Jamaithul Ulema and Jamiat Ulama-I-Hind.

The petitioners sought an interim stay on the law, which came into force on August 1 after receiving the presidential assent.

Samastha Kerala Jamiathul Ulema, a Kerala-based organisation of the Sunni Muslim scholars and clerics, in its petitions has submitted that the Act is violative of the fundamental rights enshrined in the Constitution.

It has contended that the law could create "grave public mischief and may lead to polarisation and disharmony in society".

The Supreme Court on Friday sought a response from the Centre on a batch of petitions challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises triple talaq and provides for a jail term up to three years for the husband.

The Supreme Court on Friday sought a response from the Centre on a batch of petitions challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises triple talaq and provides for a jail term up to three years for the husband. A bench headed by Justice NV Ramana issued notice to the government on separate petitions filed by politician and Islamic scholar Amir Rashadi Madni and two organisations -- Samastha Kerala Jamaithul Ulema and Jamiat Ulama-I-Hind. The petitioners sought an interim stay on the law, which came into force on August 1 after receiving the presidential assent. Samastha Kerala Jamiathul Ulema, a Kerala-based organisation of the Sunni Muslim scholars and clerics, in its petitions has submitted that the Act is violative of the fundamental rights enshrined in the Constitution. It has contended that the law could create "grave public mischief and may lead to polarisation and disharmony in society".

Supreme Court seeks response from Centre on pleas challenging triple talaq law

The Chairman of the National Commission for Minorities, Syed Ghayorul Hasan Rizvi, has said a law is important &quot;to create fear&quot; among those still following triple talaq, despite the Supreme Court suspending the practice for a specific period in the country. 
 
Dismissing the contention of several Muslim organisations, Mr Rizvi said those who were in favour of triple talaq earlier were the ones against the law now. 
 
&quot;The Supreme Court delivered a huge verdict on triple talaq, but many people are still following the practice. Many cases of giving talaq through WhatsApp and phone have come up (since the apex court&#39;s decision),&quot; he told PTI. 
 
&quot;A law is important to create fear among those still following the practice of triple talaq. If there is a punitive provision, they will be afraid of it and it will help eradicate triple talaq. This law will benefit all the women and the Muslim community at large,&quot; Rizvi said. 
According to a draft law, the practice of instant triple talaq will be declared illegal and will attract a jail term of three years for the husband. 
 
The draft Muslim Women Protection of Rights on Marriage Bill was sent to the state governments on last Friday for their views. 
The draft was prepared by a panel headed by Home Minister Rajnath Singh. External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and the Minister of State for Law P P Choudhary were among the members of the panel. 
 
The Jamaat-e-Islami Hind (JIH) and several other Muslim organisations have voiced their opposition against the government&#39;s step to frame a law in this regard, calling it an interference in the personal laws of a community.&nbsp;

The Jamaat-e-Islami Hind (JIH) and several other Muslim organisations have voiced their opposition against the government's step to frame a law

The Chairman of the National Commission for Minorities, Syed Ghayorul Hasan Rizvi, has said a law is important "to create fear" among those still following triple talaq, despite the Supreme Court suspending the practice for a specific period in the country. Dismissing the contention of several Muslim organisations, Mr Rizvi said those who were in favour of triple talaq earlier were the ones against the law now. "The Supreme Court delivered a huge verdict on triple talaq, but many people are still following the practice. Many cases of giving talaq through WhatsApp and phone have come up (since the apex court's decision)," he told PTI. "A law is important to create fear among those still following the practice of triple talaq. If there is a punitive provision, they will be afraid of it and it will help eradicate triple talaq. This law will benefit all the women and the Muslim community at large," Rizvi said. According to a draft law, the practice of instant triple talaq will be declared illegal and will attract a jail term of three years for the husband. The draft Muslim Women Protection of Rights on Marriage Bill was sent to the state governments on last Friday for their views. The draft was prepared by a panel headed by Home Minister Rajnath Singh. External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and the Minister of State for Law P P Choudhary were among the members of the panel. The Jamaat-e-Islami Hind (JIH) and several other Muslim organisations have voiced their opposition against the government's step to frame a law in this regard, calling it an interference in the personal laws of a community.

Law important to create fear among those following triple talaq: Minorities Commission

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triple talaq-law

Indian govt defends Triple Talaq ban, says practice makes Muslim women’s condition pathetic

Supreme Court seeks response from Centre on pleas challenging triple talaq law

Law important to create fear among those following triple talaq: Minorities Commission