The Supreme Court Monday refused to entertain a batch of pleas challenging re-promulgation of an ordinance which makes the practice of instant ‘triple talaq’ a punishable offence.
The Muslim Women (Protection of Rights on Marriage) Ordinance was first notified on September 19 last year, hours after the Union Cabinet had cleared it.
Instant ‘triple talaq’, also known as ‘talaq-e-biddat’, is an instant divorce whereby a Muslim man can legally divorce his wife by pronouncing ‘talaq’ three times in one go.
The ordinance making the practice of instant ‘triple talaq’ a punishable offence was issued for the third time in less than a year on February 21.
A bench headed by Chief Justice Ranjan Gogoi was informed on Monday that the bill was passed by the Lok Sabha but it was pending in the Rajya Sabha.
“We cannot do much if a bill is not passed by the Rajya Sabha….,” the bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, said.
“Counsel for the petitioners seek leave of this Court to withdraw the writ petitions. The writ petitions are dismissed as withdrawn,” the bench said in its order.
Under the ordinance, instant ‘triple talaq’ has been declared as illegal and void and will attract a jail term of three years for the husband.
Seeking to allay the fears that the proposed law could be misused, the government has included certain safeguards, such as adding a provision of bail for the accused before trial.
In a landmark verdict, the apex court had put the curtains down on the 1,400-year-old practice and set it aside on several grounds including that it was against the basic tenets of the holy Quran and violated the Islamic law Shariat.