New law on Triple Talaq challenged in SC
New Delhi, Aug 2: The newly enacted law which makes the practice of instant divorce through 'triple talaq' among Muslims a punishable offence was challenged in the Supreme Court on Friday.
A day after President Ram Nath Kovind gave assent to The Muslim Women (Protection of Rights on Marriage) Act, 2019, 'Samastha Kerala Jamiathul Ulema', a religious organisation of Sunni Muslim scholars and clerics in Kerala, moved the top court seeking to declare it as unconstitutional.
"The Act has introduced penal legislation, specific to a class of persons based on religious identity. It is causative of grave public mischief, which, if unchecked, may lead to polarization and disharmony in society," the plea said.
The organisation, claiming itself to be the largest Muslim organization in Kerala in terms of number of followers, submitted that the legislation is class specific to Muslims and the intent behind the Act is not abolition of Triple Talaq but punishment of Muslim husbands.
"Section 4 imposes a maximum sentence of 3 years imprisonment when a Muslim husband pronounces Triple Talaq. The offence is cognizable and non-bailable as per Section 7," the plea said.
It claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and thus, is liable to be struck down.
The plea said that if the motive was to protect a Muslim wife in "an unhappy marriage", no reasonable person can believe that the means to ensure it is by putting an "errant husband in jail for three years and create a non-bailable offence for merely saying 'Talaq Talaq Talaq'".
The new law makes 'talaq-e-biddat' or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.
It makes it illegal to pronounce talaq three times -- spoken, written or through SMS or WhatsApp or any other electronic chat -- in one sitting.
"Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal," the law says.
While challenging the constitutional validity of the new law, the petitioners, including the organisation's general secretary Alikutty Musliyar, referred to section 1 (3) of the Act that gives a retrospective effect to it from September 19, 2018.
"Creation of an offence may be the prerogative of the legislature. The government is duty bound to act reasonably and sensibly, not merely in administrative matters but sovereign matters. To petitioner's knowledge, there is no informed assessment or study that forms basis for the Central Government to have created this offence," the plea said.
The petition said there are statutorily prescribed procedures for divorce in other religions too and non-compliance of this procedure for divorce is not a punishable offence for members of other religions.
"There is no reasonableness or constitutional logic for making the procedural infirmity in effecting divorce a punishable offence for members of Muslim community alone and such legislation cannot withstand the test of Article 14," it said.
It said that a "welfare oriented legislation" would not purport to criminalise marital discord and moreover, particularise the criminalisation only to one community.
"With respect, it is submitted that any such a legislation ought to shock the judicial conscience. The impugned Act is such an endeavour and ought to be struck down for violating Article 21," it said.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
