NEW DELHI: The Union authorities on Monday advised the Supreme Court docket that Parliament was compelled to enact a legislation in 2019 to make Muslim males who instantaneously divorce their wives by way of ‘triple talaq‘ liable to imprisonment because the SC’s 2017 ruling declaring it unconstitutional didn’t show to be a deterrent in opposition to such unilateral sudden snapping of marital relationships that left deserted married ladies destitute.
Defending validity of The Muslim Girls (Safety of Rights on Marriage) Act, 2019, whose validity was challenged by ‘Samastha Kerala Jamiathul Ulema’, the Centre stated regardless of a 5-J bench ruling in 2017 in Shayara Bano case, “there have been stories of divorce by means of ‘talaq-e-biddat’ from totally different components of the nation.”
“It was seen that setting apart ‘talaq-e-biddat’ by the SC has not labored as a ample deterrent in bringing down the variety of divorces by this observe amongst sure Muslims,” the government stated, including this was the rationale why it felt the urgent want for giving impact to SC’s ruling by way of a legislation to guard the dignity of married Muslim ladies.
It stated, “Parliament in its knowledge has enacted the legislation to guard the precise of married Muslim ladies who’re being divorced by triple talaq. The legislation helps in guaranteeing bigger constitutional objectives of gender justice and gender equality of married Muslim ladies and helps subserve their basic rights of non-discrimination and empowerment.”
The Centre termed as baseless the petitioner’s declare that marriage being ruled by private legislation have to be exempt from the ambit of prison legislation. “Marriages are a social establishment which the State has a particular curiosity in defending. It’s past doubt that the State can defend the steadiness of marriages by resorting to the machine of prison legislation,” it stated, citing enactment of Safety of Girls from Home Violence Act, 2005 and Dowry Prohibition Act, 1961.
It additionally justified the legislation holding Muslim husbands alone accountable by saying it’s he and his family members who take pleasure in such observe. It stated the SC should not intrude with the legislative enactment making punishable a manifestly arbitrary act of ‘triple talaq’, which has already been declared by SC as violative of Article 14 of the Structure.
Defending validity of The Muslim Girls (Safety of Rights on Marriage) Act, 2019, whose validity was challenged by ‘Samastha Kerala Jamiathul Ulema’, the Centre stated regardless of a 5-J bench ruling in 2017 in Shayara Bano case, “there have been stories of divorce by means of ‘talaq-e-biddat’ from totally different components of the nation.”
“It was seen that setting apart ‘talaq-e-biddat’ by the SC has not labored as a ample deterrent in bringing down the variety of divorces by this observe amongst sure Muslims,” the government stated, including this was the rationale why it felt the urgent want for giving impact to SC’s ruling by way of a legislation to guard the dignity of married Muslim ladies.
It stated, “Parliament in its knowledge has enacted the legislation to guard the precise of married Muslim ladies who’re being divorced by triple talaq. The legislation helps in guaranteeing bigger constitutional objectives of gender justice and gender equality of married Muslim ladies and helps subserve their basic rights of non-discrimination and empowerment.”
The Centre termed as baseless the petitioner’s declare that marriage being ruled by private legislation have to be exempt from the ambit of prison legislation. “Marriages are a social establishment which the State has a particular curiosity in defending. It’s past doubt that the State can defend the steadiness of marriages by resorting to the machine of prison legislation,” it stated, citing enactment of Safety of Girls from Home Violence Act, 2005 and Dowry Prohibition Act, 1961.
It additionally justified the legislation holding Muslim husbands alone accountable by saying it’s he and his family members who take pleasure in such observe. It stated the SC should not intrude with the legislative enactment making punishable a manifestly arbitrary act of ‘triple talaq’, which has already been declared by SC as violative of Article 14 of the Structure.
