SC Tags Plea Difficult Validity Of Triple Talaq Legislation With Pending Petitions – Kashmir Observer

NEW DELHI- The Supreme Courtroom on Friday ordered clubbing a contemporary plea difficult the validity of sure provisions of the 2019 legislation, which make the follow of on the spot divorce by Triple Talaq a punishable offence, with these already pending with the court docket. Violation of the legislation entails imprisonment as much as three years.

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to listen to the plea together with pending petitions on which notices have been issued to the Centre in 2019.

The contemporary plea has been filed by Amir Rashadi Madani, a resident of Azamgarh in Uttar Pradesh.

Through the temporary listening to, the CJI requested as to how the provisions violate the rights of males.

The counsel for Madani stated the provisions of the Muslim Ladies (Safety of Rights on Marriage) Act, 2019 criminalise on the spot Triple Talaq and supply for punishment to males.

Sections 3 and 4 of the legislation are opposite to one another, the lawyer claimed.

Part 3 phrases Triple Talaq as unlawful and part 4 supplies for 3 years jail time period and nice for husbands for granting on the spot divorce by this mode.

The bench then ordered tagging of the pleas filed earlier on the problem by two Muslim organisations– Jamiat Ulama-I-Hind and ‘Samastha Kerala Jamiathul Ulema’, a non secular organisation of Sunni Muslim students and clerics in Kerala.

On August 23, 2019, the highest court docket had agreed to look at the validity of the Act.

Each Jamiat Ulama-I-Hind and ‘Samastha Kerala Jamiathul Ulema’ have urged the court docket to declare the legislation “unconstitutional”.

Jamiat claimed in its petition that “criminalising a mode of divorce in a single explicit faith whereas retaining the topic of marriage and divorce in different religions solely throughout the purview of civil legislation, results in discrimination, which isn’t in conformity with the mandate of Article 15”.

Article 15 of the Structure offers with prohibition of discrimination on grounds of faith, race, caste, intercourse or fatherland.

Jamiat has claimed for the reason that pronouncement of Triple Talaq by a Muslim husband upon his spouse had already been declared “void and unlawful”, there was no requirement to enact the legislation.

“Nevertheless, the impugned Act criminalises the act of pronouncement of talaq by a Muslim husband and makes it a cognizable offence, with out appreciating that such pronouncement had already been declared unconstitutional and amounted to nullity within the eyes of legislation,” Jamiat has stated in its plea.

Referring to the availability of the Act which stipulates punishment of as much as three years jail together with nice, the plea stated it’s an “ill-conceived provision which imposes extreme and disproportionate punishment”.

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