New Delhi: The Union government defended the law against triple talaq at the Supreme Court, claiming that triple talaq (TT) legitimised and institutionalised the abandonment of wives by their husbands. Centre said that the law against the TT helps in ensuring gender justice and gender equality for married women. It also serves their fundamental right not to be discriminated against and empowers them, The Indian Express (TIE) reported.
The Samastha Kerala Jamiathul Ulema had approached the Supreme Court demanding to declare that the law against TT, the Muslim Women (Protection of Rights on Marriage) Act, 2019, is unconstitutional and violates Articles 14, 15, 21, and 123 of the Constitution.
TIE reports that the Centre, which was responding to an affidavit filed earlier in August in response to the plea by the Samastha Kerala Jamiathul Ulema, claimed that TT did not simply result in a private injury but in a public wrong as it militated against the rights of women and the social institution of marriage.
The Union government continued that despite the August 22, 2017, order by the Supreme Court, holding TT unconstitutional and the assurance of the All India Muslim Personal Law Board, there were incidents of divorce among Muslims through instantaneous TT in certain parts of India.
Though the apex set aside the talaq-e-bidder, it has not worked as a sufficient deterrent to the practice or brought down the number of divorces. This called for a State action to give effect to the top court order and resolve the grievances of victims of illegal divorce, which the Centre submitted before the court.