Daily Current Affairs Quiz 2019<\/a><\/strong><\/p>\n\n\n\nThe fresh plea has been filed by Jamiat Ulama-I-Hind, a\nMuslim body, which sought to declare The Muslim Women (Protection of Rights on\nMarriage) Act, 2019 as “unconstitutional” on the ground that it\nallegedly violates the provisions of the Constitution.<\/p>\n\n\n\n
President Ram Nath Kovind has given assent to the Act which\nmakes ‘talaq-e-biddat’ or any other similar form of talaq having the effect of\ninstantaneous and irrevocable divorce pronounced by a Muslim husband void and\nillegal.<\/p>\n\n\n\n
Earlier this month, ‘Samastha Kerala Jamiathul Ulema’, a\nreligious organisation of Sunni Muslim scholars and clerics in Kerala, had also\nmoved the apex court seeking to declare the newly enacted law as\n“unconstitutional”.<\/p>\n\n\n\n
In the plea filed through advocate Ejaz Maqbool, Jamiat\nUlama-I-Hind has claimed that since the pronouncement of talaq by a Muslim\nhusband upon his wife had already been declared “void and illegal”,\nthere was no requirement to enact the law.<\/p>\n\n\n\n
“However, the impugned Act criminalises the act of\npronouncement of talaq by a Muslim husband and makes it a cognizable offence,\nwithout appreciating that such pronouncement had already been declared\nunconstitutional and amounted to nullity in the eyes of law,” the plea\nsaid.<\/p>\n\n\n\n
Referring to the provision of the Act which stipulates punishment\nof up to three years jail along with fine, the plea said it is an\n“ill-conceived provision which imposes excessive and disproportionate\npunishment.”<\/p>\n\n\n\n
It claimed that “criminalising a mode of divorce in one\nparticular religion while keeping the subject of marriage and divorce in other\nreligions only within the purview of civil law, also leads to discrimination,\nwhich is not in conformity with the mandate of Article 15”.<\/p>\n\n\n\n
Article 15 of the Constitution deals with prohibition of\ndiscrimination on grounds of religion, race, caste, sex or place of birth.<\/p>\n\n\n\n
The plea said that punishment prescribed under the Act\n“is not only disproportionate but extremely excessive and stringent”.<\/p>\n\n\n\n
Referring to other offences punishable under the Indian\nPenal Code (IPC), including rioting, bribery and causing death by negligence,\nthe plea said that lesser punishment has been prescribed for many offences\n“which are far graver”.<\/p>\n\n\n\n
It said that section 7 of The Muslim Women (Protection of\nRights on Marriage) Act, 2019 makes the pronouncement of talaq, having the\neffect of instantaneous divorce, a cognisable and a non-bailable offence.<\/p>\n\n\n\n
The plea said that offences like kidnapping, causing death\nby negligence and bigamy, are bailable “which show that making the\npronouncement of instantaneous talaq non-bailable is excessive and evidently\nunwarranted”.<\/p>\n\n\n\n
“As mentioned above, there are several more grave\noffences which are not punishable with such a stringent punishment and are\nbailable, in fact desertion of a wife by the husband is not even an offence,\nthis clearly shows that the provisions qua criminality of the pronouncement of\ninstantaneous talaq are disproportionate and excessive,” it said.<\/p>\n\n\n\n
The plea said that marriage is civil contract as per the\nIslamic Law and talaq is only a mode to repudiate the contract and imposition\nof criminal liability for a civil wrong violates the fundamental rights of\nMuslim men.<\/p>\n\n\n\n
It said that “object of punishment must not be to wreak\nvengeance but to reform the criminal as to prevent him from further\ncrime.”<\/p>\n\n\n\n
The plea said that the Act, by providing for imprisonment of\nthe husband, fails to ensure cordiality in marriage and would lead to\n“irretrievable breakdown” of the wedlock.<\/p>\n\n\n\n
It said pronouncement of ‘triple talaq’ is considered\ninvalid in several Islamic countries but no punishment has been prescribed for\nthis.<\/p>\n\n\n\n
The Act triple talaq makes it illegal to pronounce talaq three times — spoken, written or through SMS or WhatsApp or any other electronic chat — in one sitting.<\/p>\n\n\n\n
“Any pronouncement of talaq by a Muslim husband upon his\nwife, by words, either spoken or written or in electronic form or in any other\nmanner whatsoever, shall be void and illegal,” the law says.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court on 22 August, 2019 challenging the newly enacted law which makes the practice of instant divorce through ‘triple talaq’ among Muslims a punishable offence entailing imprisonment of up to three years. Daily Current Affairs Quiz 2019 The fresh plea has been filed by Jamiat Ulama-I-Hind, a Muslim body, which sought to declare The […]<\/p>\n","protected":false},"author":13,"featured_media":5235,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[45],"tags":[573],"class_list":["post-5234","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-current-affairs-articles","tag-triple-talaq"],"_links":{"self":[{"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/posts\/5234","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/comments?post=5234"}],"version-history":[{"count":1,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/posts\/5234\/revisions"}],"predecessor-version":[{"id":5236,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/posts\/5234\/revisions\/5236"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/media\/5235"}],"wp:attachment":[{"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/media?parent=5234"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/categories?post=5234"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.gkseries.com\/blog\/wp-json\/wp\/v2\/tags?post=5234"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}