New Delhi: The Supreme Court has decided to examine the constitutionality of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises the practice of triple talaq among Muslim men and prescribes a maximum jail term of three years. The review comes in light of concerns over the law’s enforcement and its necessity after the Court had already declared the practice unconstitutional in 2017, reports The Hindu.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar has directed the central government to furnish data on the number of First Information Reports (FIRs) registered across India under this law. The Court emphasised the need to assess the law’s impact, particularly in rural areas, where its enforcement may differ significantly.
Solicitor General Tushar Mehta defended the legislation, arguing that despite the 2017 Supreme Court ruling banning triple talaq, the practice continued, necessitating legal penalties to protect the rights of Muslim women. He noted that while most protective laws for women set a minimum punishment of three years, the 2019 Act allows judicial discretion, with three years as the maximum penalty rather than the minimum.
However, several Muslim organisations and legal experts have questioned the validity of the law. They argue that since triple talaq has already been invalidated, criminalising its mere utterance is both unnecessary and discriminatory. Critics also contend that no equivalent punishment exists for similar practices among men of other religions, making the law unfairly targeted.
The Supreme Court has scheduled the next hearing for the last week of March, during which it will review the government’s data and deliberate on whether the law should remain in force. The case underscores the ongoing judicial engagement with personal laws, gender rights, and constitutional freedoms in India.
