You may have heard that India passed a new law in July which made the practice of instant divorce through ‘triple talaq’ a criminal offence. Prior to this new law, men were able to divorce their wives instantly by stating talaq three times, orally or in writing. In my opinion the triple talaq divorce left women in a vulnerable financial position.
The new law made the practice of instant divorce a criminal offence, punishable by up to three years in prison. A day later, two petitions were filed in the Indian Supreme Court and Delhi High Court challenging this new law. You can read more about the basis of these challenges in this article in India Today.
The new legislation which makes the practice of instant divorce through 'triple talaq' among Muslims a punishable offence with 3-year imprisonment was challenged in the Supreme Court and the Delhi High Court on Friday.
The petition in the apex court was moved by a Kerala-based Muslim organisation, while the one in the Delhi High Court was filed by an advocate -- both alleging that 'The Muslim Women (Protection of Rights on Marriage) Act, 2019' violates the fundamental rights of Muslim husbands.
A religious organisation of Sunni Muslim scholars and clerics in Kerala, and the Delhi-based advocate Shahid Ali have claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and is liable to be struck down.
Both the petitions were filed a day after President Ram Nath Kovind gave assent to the new legislation.
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