The petitioners sought an interim stay on the law, which came into force on August 1 after receiving the presidential assent.
New Delhi: 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.
Supreme Court gave four weeks’ time to the central government to respond to the notice. The petition pointed out that the punishment to the triple talaq accused is against Supreme Court order in the matter. The present government ignored guidelines of Supreme Court and formed the law.
The petition also noted that the criminal conviction in the case is legally not correct because marriage is a contract if anyone violates the contract he could be fined but cannot be sent to jail.
A bench headed by Justice N V 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”.