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Reading: Indian Govt Seeks Supreme Court to Strengthen Laws Against ‘Triple Talaq’
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Triple Talaq Supreme Court
PhotoNews Pakistan > Top News > Indian Govt Seeks Supreme Court to Strengthen Laws Against ‘Triple Talaq’
Top NewsWorld

Indian Govt Seeks Supreme Court to Strengthen Laws Against ‘Triple Talaq’

Web Desk
By Web Desk Published August 19, 2024 2 Min Read
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Chief Justice of India (CJI), DY Chandrachud & Supreme Cout's Building in the Background Photo: Government Economic Times / India Times
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The Indian government described the practice of ‘triple talaq’ as “fatal for the social institution of marriage” and “deeply detrimental to the condition of Muslim women” in an affidavit to the Supreme Court on Monday.

It argued that despite the Supreme Court’s 2017 decision to invalidate ‘triple talaq’, the practice continues unabated, demonstrating that the ruling alone has not sufficiently deterred such divorces within certain Muslim communities.

In response to a petition suggesting there is no need to criminalize ‘triple talaq’ because it has already been invalidated, the government emphasized the need for stringent legal provisions. It highlighted cases where “victims of ‘triple talaq’ had no recourse but to approach the police, who were unable to act in the absence of punitive measures in the law.”

Centre defends anti-Triple Talaq law in Supreme Court@SrishtiOjha11 joins us for more on that#SupremeCourtOfIndia #TripleTalaq (@nabilajamal_) pic.twitter.com/N2KT1NGC2Q

— IndiaToday (@IndiaToday) August 19, 2024

The affidavit also addressed a challenge from the Samastha Kerala Jamiathul Ulema, a group of Sunni scholars who claim that the Muslim Women (Protection of Rights on Marriage) Act, 2019 is unconstitutional because it allegedly violates fundamental rights by discriminating based on religion.

The government robustly refuted these claims, asserting that ‘triple talaq’ itself violates the fundamental rights and equality of Muslim women guaranteed by the Constitution. It defended the 2019 Act as a necessary step to ensure gender justice and uphold constitutional values.

Union of India defends the law criminalising instant triple talaq in Supreme Court. Says petitioners cannot have any grievance with criminalisation of any "manifestly arbitrary action" #tripletalaq #SupremeCourtOfIndia pic.twitter.com/CSnJ8yT10N

— Bar and Bench (@barandbench) August 19, 2024

Furthermore, the government reiterated that the Supreme Court has previously stated it cannot challenge the wisdom of laws enacted by Parliament nor discuss what the law should be. “It is the prerogative of the legislature to decide what behaviours need to be criminalized and the punishments for them, based on prevailing social conditions,” the government maintained in its affidavit.

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