"Jamiat Ulama-i-Hind has filed a petition before Supreme Court, challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (the Act).
The Supreme Court had declared 'talaq-e-biddat' or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband, unconstitutional, vide its judgment dated August 22, 2017 in Shayara Bano v. Union of India & Ors., (2017)9 SCC 1.
Subsequently, the triple talaq law- Women (Protection of Rights on Marriage) Act 2019 was passed by the Central government on July31, 2019, criminalizing such pronouncement and prescribing a punishment of up to 3 yrs imprisonment for the same.
The Petitioner is an organization involved in philanthropic activities, including protection of Islamic Culture and has filed the present petition through Advocate Ejaz Maqbool. It has contested the constitutional validity of the Central legislation in terms of Articles 14, 15 and 21 of the Constitution on the following grounds:
The petitioner also submitted that "imprisonment of upto 3 years for a pronouncement of talaq having the effect of instantaneous divorce, when the same pronouncement can be lawfully made within a period of three months, without attracting any penal consequences, whatsoever, is not only disproportionate but extremely excessive and stringent, which is completely arbitrary and has no nexus, whatsoever, with the object sought to be achieved, thereby falling foul of Articles 14, 15 and 21".
It has been persuaded that like other Islamic countries, three pronouncements made instantaneously should be regarded only as one pronouncement instead of criminalizing it altogether.
The Petitioner has also disputed Section 6 of the Act which confers the right of custody of minor children on the Muslim woman. This provision has been alleged to be passed without taking into consideration the best interests of the children in as much as it provides an all-encompassing, overarching provision in favour of the wife and does not envisage the existence of any exceptional circumstances where custody may be granted to the Muslim husband or his family.
A similar plea was also filed by the religious organization, Samastha Kerala Jamiathul Ulama, earlier this month.
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