38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

SC Agrees To Hear Pleas Challenging The Constitutional Validity Of triple Talaq Act, Issues Notice To Centre

By LawStreet News Network      23 August, 2019 02:08 PM      0 Comments

The Supreme Court has agreed to hear pleas challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

A Bench of Justices N.V. Ramana and Ajay Rastogi issued notice to the Centre seeking their response on the batch of petitions challenging newly enacted law on triple talaq as "unconstitutional" on grounds that it allegedly violates the provisions of the Constitution.

"We will examine this," the Bench told senior advocate Salman Khurshid, who was appearing for one of the petitioners. However, there will be no stay on Triple Talaq Act for now.

Khurshid told the Bench that there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which was required to be examined by the top court.

He argued that triple talaq had already been declared unconstitutional by the court, and there was no need to criminalise it.

“Why such a practice can't be criminalised if it is still prevalent?” asked Justice Ramana.

The Supreme Court had declared 'talaq-e-biddat' or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband, unconstitutional, vide its judgment dated August 22, 2017 in Shayara Bano v. Union of India & Ors., (2017) 9 SCC 1.

Subsequently, the triple talaq law- Women (Protection of Rights on Marriage) Act 2019 was passed by the Central government on July 31, 2019, criminalizing such pronouncement and prescribing a punishment of up to 3 years imprisonment for the same.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email