NEW DELHI: The Central government on Monday filed an affidavit in the Supreme Court defending the its 2019 law which criminalised instant triple talak.
According to the affidavit, the government said that the Act helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and helps their subserve their fundamental rights of non-discrimination and empowerment.
In 2017, ‘talaq-e-biddat (triple talaq)’ was set aside by the Constitution Bench in the case of Shayara Bano Vs. Union of India as it violated the fundamental rights and the rights of equality guaranteed to a woman under the Constitution and suggested the practice be made punishable.
The plea filed before the Supreme Court argued that since the practice of triple talaq has no legal effect after the Shayara Bano case, it cannot be criminalised.
According to the affidavit, the government said that the Act helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and helps their subserve their fundamental rights of non-discrimination and empowerment.
In 2017, ‘talaq-e-biddat (triple talaq)’ was set aside by the Constitution Bench in the case of Shayara Bano Vs. Union of India as it violated the fundamental rights and the rights of equality guaranteed to a woman under the Constitution and suggested the practice be made punishable.
The plea filed before the Supreme Court argued that since the practice of triple talaq has no legal effect after the Shayara Bano case, it cannot be criminalised.