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Petition Challenging “triple talaq law”
Why in news?
- Jamiat Ulama-i-Hind has moved the Supreme Court against the Centre on making triple talaq a non-bailable offence.
- Muslim men can be imprisoned for three years for deserting there wife’s.
More in news
- Petitioners Contentions
(1) Disproportionate and Excessive – The three-year imprisonment prescribed under the new Muslim Women (Protection of Rights on Marriage) Act of 2019, is bothdisproportionate and excessive.
(2) Graver Offence - than crimes such as rioting, kidnapping, death by negligence, concealment of birth by secret disposal of body, bigamy, bribery and food adulteration.
(3) For instance
(1) Kidnappingdespite being graver offence is bailable.
(2) Punishment for rioting was imprisonment up to two years or fine or both
(3) For bribery, under Section 171E of the Indian Penal Code, the punishment was up to one year or fine or both.
(4) Extremely Excessive and Stringentimprisonment of up to three years for a pronouncement of talaq,but when the same pronouncement can be lawfully if made within three monthswithout attracting any penal consequences.
(5) Petitioners also raised the question as to how can the law work for the betterment of Muslim Women when there husbands are in jail?
(6) Supreme Court in a judgment in 2017 has declaredvery pronouncement of triple talaq invalid,thus, despite its pronouncement the man continues to behusband to his wife.
(7) No Need for the Act – aspronouncement of talaq by a Muslim husband has already been declared void and illegal.
Source
The Hindu