PIL in Madras HC against triple talaq ordinance
Chennai, Oct 5 : A PIL has been filed in the Madras High Court against the ordinance that makes the practice of instant 'triple talaq' a punishable offence, contending that it violated the Constitution and was discriminatory.
When the public interest litigation petition by Hussain Afroze, an advocate of the high court, came up for hearing, a bench comprising justices S Manikumar and P T Asha directed the counsel, who appeared for the Centre, to get instructions and posted it to October 22.
The petitioner challenged clauses 4-7 of the Muslim Women (Protection of Rights on Marriage) Ordinance, promulgated on September 19, and sought to declare the ordinance as ultra vires.
He also sought an interim injunction on the ordinance.
Already, the Kerala-based Muslim organisation Samastha Kerala Jamiyyathul Ulama has moved the Supreme Court challenging the ordinance.
Instant triple talaq, also known as talaq-e-biddat, is an instant divorce whereby a Muslim man can divorce his wife by pronouncing 'talaq' three times in one go.
Under the ordinance, instant triple talaq has been declared illegal and punishable with a jail term of three years for the husband.
In the present PIL, the petitioner has submitted that under the Muslim Personal Law, a marriage was a civil contract and this position has been recognised under the Shariat Act 1937 and in various judicial pronouncements.
Referring to the apex court's judgement in the Shayara Bano case on triple talaq, he said the court in its majority judgment emphatically declared the practice was invalid and the marriage does not stand dissolved on its pronouncement. The judgement is the law of the land as its stands today.
The pronouncement of triple talaq is otiose, he said, adding there was no legal justification for imposing a punishment upon an utterance which has no legal validity and does not inflict any injury -- legal or otherwise.
The petitioner said the government argued that the ordinance was being brought since the practice of triple talaq continued despite the Supreme Court order holding it unconstitutional and invalid.
Clause 3 of the ordinance invalidates triple talaq whereas Clause 4 stipulated penal consequences of up to three years imprisonment.
For an act to become a crime, there must be an injury caused to an individual or to the society at large, he said, adding since triple talaq does not dissolve a marriage, the imposition of punishment under Clause 3 of the ordinance "smacks of mala fide and arbitrariness."
He further submitted that since Muslim marriage was a contract, the law of the land would stipulate damages as relief in the event of any breach.
Hence, transforming a civil dispute into an act of criminality and with penal consequences on the people who profess a particular religion was illegal and discriminatory, he contended.
The ordinance was Muslim-centric and clearly hit by the provisions of Article 14, 15 of the Constitution, he submitted, seeking it be quashed.
In a landmark verdict, the Supreme Court on August 22 last year had set aside the 1,400-year-old practice of instant 'triple talaq' among Muslims on several grounds, including that it was against the basic tenets of the Quran and violated the Islamic law Shariat.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
