A Kerala-based organisation of Sunni scholars on Tuesday approached the Supreme Court, challenging the constitutional validity of an Ordinance, that made the practice of Triple Talaq as a punishable offence. It said the penal provision may cause grave public mischief and lead to polarisation and disharmony in society.
The Muslim Women (Protection of Rights on Marriage) Ordinance was notified on September 19, hours after the Union Cabinet had cleared it. It had declared the practice as illegal and void, enjoining a three-year jail term for the husband.
In its plea, 'Samastha Kerala Jamiyyathul Ulama' contended the Ordinance promulgated by the Centre was "arbitrary and discriminatory" and violative of Articles 14, 15 and 21 of the Constitution and should be struck down.
"The Ordinance has introduced penal legislation, specific to a class of persons based on religious identity. It is causative of grave public mischief, which, if unchecked, may lead to polarization and disharmony in society. Further, adjudication of the legality of the Ordinance by a plurality of High Courts under Article 226 would mean multiplicity of litigation over the same cause of action," the petition stated.
The petitioner further contended once there was a declaration made by the top court under Article 141 of Constitution in 'Shayara Bano case', making the practice of Triple Talaq as void, there was no surviving action.
The apex court had on August 22, 2017, set aside the 1400-year-old practice as illegal on several grounds including that it was against the basic tenets of the Holy Quran and violated the Islamic law Shariat.
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