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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Voting begins for Assam''s 126 assembly seats
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Guwahati (PTI): Polling for all 126 Assam assembly constituencies began on Thursday to decide the electoral fate of 722 candidates, officials said.
In the high-stakes election, the ruling BJP is aiming for a third consecutive term in office, while the Congress seeks to wrest power after being ousted in 2016.
Polling, being held in a single phase, began at 7 am and will conclude at 5 pm. Long queues of voters were seen outside polling stations from early morning.
An electorate of 2.50 crore, including 1.25 crore women and 318 from the third gender, can exercise their franchise in 31,490 polling stations across the state.
Prominent candidates include Chief Minister Himanta Biswa Sarma, Congress state president Gaurav Gogoi, assembly Speaker Biswajit Daimary, Leader of the opposition Debabrata Saikia, AIUDF chief Badruddin Ajmal, Raijor Dal president Akhil Gogoi, and Assam Jatiya Parishad (AJP) chief Lurinjyoti Gogoi.
Several cabinet ministers, including the AGP’s Atul Bora and Keshav Mahanta, and the BPF’s Charan Boro are also in the fray.
The Congress has the highest of 99 contestants, followed by the BJP (90), AIUDF (30), NDA allies AGP (26) and BPF (11).
Opposition alliance’s Raijor Dal is contesting in 13, AJP in 10, CPI(M) in 3 and APHLC in 2. Outside the two coalitions, the AAP is contesting in 18 seats, UPPL in 18, TMC 22, JMM 16 and there are 258 independents.
The ruling NDA’s main constituents are the BJP, Asom Gana Parishad (AGP) and the Bodo Peoples’ Front (BPF) while the opposition alliance comprises the Congress, Raijor Dal, Assam Jatiya Parishad (AJP), CPI(M), All Party Hill Leaders Conference (APHLC) and CPI(ML).
The counting of votes is scheduled on May 4.
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