New Delhi, Sep 25 : A petition has been filed by Samastha Kerala Jam’eyyath ul-Ulama, a religious organisation of Sunni Muslim scholars and clerics in the Supreme Court challenging the validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 which seeks to criminalize the practice of Triple Talaq.
The petitioner has said that the Triple Talaq ordinance be struck down as it violates Articles 14, 15 and 21. It further stated that the ordinance was promulgated by a misuse Article 123 of the Constitution.
A day before, a petition has been filed by Masood Ansari and four others in Bombay High Court, that claims that the provisions making the practice of instant Triple Talaq a criminal offence are “illegal, null, void, unreasonable and arbitrary”.
As reported by Bar and Bench, the petition stated that the President’s power to promulgate ordinances under Article 123(1) was misused in this case, as there were no circumstances that made it necessary for him to take immediate action.
The Muslim Women (Protection of Rights on Marriage) Bill 2017 was passed in the Lok Sabha in December last year. However, the Bill did not see the light of day after opposition parties in the Rajya Sabha expressed reservations regarding some provisions.
The Centre therefore took the Ordinance route, introducing a few changes to the 2017 Bill.
One of the changes introduced is that the police can lodge an FIR only if approached by the victim, her blood relations, or people who become her relatives by virtue of marriage.
Congress leader and former Member of Parliament Saifuddin Soz on Friday termed Triple talaq ordinance as “conspiracy of BJP and RSS against Muslims.”
In a statement, Soz said the ordinance rejecting Triple talaq “in one utterance showed Muslim Personal Law Board in extremely poor light”.
Further, the offence has now been made non-compoundable, where a magistrate can use his powers to settle the dispute.