[dropcap]T[/dropcap]HE Supreme Court on Friday issued a notice to the Central Government on a batch of petitions challenging the constitutional validity of The Muslim Women (Protection of Rights on Marriage) Act, 2019 (Triple Talaq law) that criminalises instant Triple Talaq.
Appearing for one of the petitioners, senior advocate Salman Khursheed said there was no need to criminalise the practice of instant Triple Talaq since the apex court had already declared it null and void. “When a practice doesn’t exist, for what a man be penalised”, maintained Khursheed.
Justice NV Ramana sitting along with Justice Ajay Rastogi said, “We have a doubt if a religious practice is declared void and it is still going on, is it not an offence like dowry, which is still practised in Hindu community.”
“We will examine this,” the bench told senior advocate and Congress leader Khurshid, who has asked the court to examine several aspects of the new law like making the practice a punishable offence and jail term of up to three years.
The court has not granted any interim stay on the Triple Talaq law.
Even though the Opposition parties had demanded that the bill be sent to a select committee for further deliberation and scrutiny, Prime Minister Narendra Modi, soon after the contentious bill was passed in Rajya Sabha last month, had tweeted that it was a victory of gender justice in the country.