New Delhi, August 2
The new legislation that makes the practice of instant divorce through “triple talaq” among Muslims a criminal offence punishable with three-year imprisonment was challenged in the Supreme Court and the Delhi High Court today.
The petition in the apex court was moved by a Kerala-based Muslim organisation, while the one in the Delhi High Court it was filed by an advocate. The petitioners in both cases alleged the Muslim Women (Protection of Rights on Marriage) Act, 2019, violates the fundamental rights of Muslim husbands.
“Samastha Kerala Jamiathul Ulema”, a religious organisation of Sunni Muslim scholars and clerics in Kerala, and the Delhi-based advocate Shahid Ali have claimed that the Act violates Articles 14, 15 and 21 of the Constitution and is liable to be struck down.
Both petitions were filed a day after President Ram Nath Kovind gave assent to the new legislation.
“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 polarisation and disharmony in society,” the plea filed in the apex court said.
In the high court, the petition said the new legislation would shut down all room for compromise between the husband and wife. It said since triple talaq has been declared void, the Act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong.
A high court source said the petition was likely to come up for hearing next week. — PTI
from The Tribune https://ift.tt/2Zxnmk8
via Today’s News Headlines
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