Supreme Court seeks data on criminal cases filed over triple talaq

The Supreme Court on Wednesday sought data on the number of cases registered by Muslim women since enactment of Muslim Women (Protection of Rights on Marriage) Act, 2019, that criminalizes the practice of divorce among Muslims through pronouncement of instant triple talaq..A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar was hearing a batch of petition challenging the 2019 law, particularly the provisions criminalizing the practice of triple talaq.The Court also asked about the pending triple talaq cases and any challenges pending before the High Courts against the enactment."Parties to file written submissions on both sides. Check up and give us data on number of FIRs registered," the Court ordered after a brief preliminary hearing.The Court also remarked that the petitioners were only challenging the criminalization of the practice and not defending the practice itself."I am sure none of the lawyers here are saying that the practice is correct, but what they are saying is that whether it can be criminalised when the practice is banned and no divorce can take place by uttering talaq three times at once," CJI Khanna remarked..Solicitor General (SG) Tushar Mehta submitted that the statistics would be important to show whether the regressive practice was continuing and if women are coming forward or not."This is required to protect the women and should be deterrent. On the argument of proportionality (raised by petitioners), there are many (other) offences which carry more than 3 years imprisonment," he submitted.Advocate Nizam Pasha, representing the petitioners, submitted that abandonment of wife is not a criminal offence in any other community. At this, SG Mehta said."Triple Talaq is also not prevalent in other communities."Senior Advocate MR Shamshad, also appearing for petitioners, submitted that FIRs are not registered for months in matrimonial cases and here for mere utterance, FIR is filed."In no civilised section, such a practice is there," SG Mehta responded.The Court then adjourned the matter with the order that these batch of cases will be shown in the causelist as 'Challenge to constitutional vires of Muslim Women (Protection of Rights on Marriage) Act, 2019'.In no civilised section, such a practice is there.SG Tushar Mehta .When the Court was adjourning the matter, SG Mehta chose to refer to an Urdu couplet regarding divorce,"Talaq de to rahe ho itaab o keher ke saathmeri jawani bhi lauta do mere mehr ke saath"The Court then remarked the lawyers for the petitioners did not seem to be defending the practice. .In August 2017, the Supreme Court had in the case of Shayara Bano v. Union of India struck down the practice of instant triple talaq (talaq-e-bidat) as unconstitutional and violative of Articles 14 and 15.Subsequently, the parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019 which criminalises instant triple talaq.Any husband who pronounces the same can be booked under the law.A slew of petitions then came to be filed before the Supreme Court challenging the law.As per the petitioners, the law 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.Since the Supreme Court had already declared the practice of instant triple talaq as unconstitutional in the Shayara Bano case, the law serves no purpose, the petitioners have contended.It has been argued that the intent behind the Act is not the abolition of triple talaq but punishment of Muslim husbands.