Charge Sheets Against Men For Divorcing Wives Through Triple Talaq
New Delhi, 29-01-2025: The Supreme Court has directed the Centre to provide comprehensive details regarding the number of FIRs and charge sheets filed against men accused of divorcing their wives through instant triple talaq in violation of the Muslim Women (Protection of Rights in Marriage) Act, 2019. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, while hearing 12 petitions challenging the constitutional validity of the law, also instructed the Centre and other concerned parties to submit their written arguments in support of their claims. The court has scheduled the final hearing on these petitions for the week beginning March 17.
The lead petitioner in this case is Samastha Kerala Jamiathul Ulema, a prominent Muslim organization based in Kozhikode, Kerala. The Supreme Court specifically directed the Centre to submit the exact number of pending FIRs and charge sheets under Sections 3 and 4 of the 2019 Act, which criminalizes the practice of instant triple talaq. Additionally, the court limited the written submissions from the parties to a maximum of three pages each.
Instant triple talaq, also known as talaq-e-biddat, is a practice in which a Muslim man can divorce his wife by pronouncing the word “talaq” three times in a single sitting, either orally, in writing, or even via digital communication. However, this practice was outlawed by the 2019 law, which declares it illegal and void, prescribing a jail term of up to three years for those found guilty of violating the provisions.
The issue of triple talaq has been a subject of intense legal and social debate. In a landmark judgment on August 22, 2017, the Supreme Court ruled that the practice was unconstitutional, deeming it against the fundamental principles of the Quran and Islamic law (Shariat). The court also held that triple talaq violated the fundamental rights of Muslim women by being arbitrary and discriminatory. This ruling led to the enactment of the 2019 law, which aimed to provide legal protection to Muslim women against unilateral divorce and ensure their right to matrimonial security.
With the Supreme Court now seeking factual details regarding the implementation of this law, the upcoming hearing will be crucial in determining the legal and constitutional fate of the 2019 Act. The case is expected to have significant ramifications on personal laws and gender justice within the Muslim community in India.