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Triple talaq law challenged in court day after receiving President’s assent

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Triple talaq law

A day after President Ram Nath Kovind gave his assent to the legislation that makes instant triple talaq a penal offence and it became “The Women (Protection of Rights on Marriage) Act, 2019”, it was challenged in the Supreme Court and the Delhi High Court on Friday, Aug 2.

Samastha Kerala Jamiyyathul Ulama (SKJU), that claims to be the biggest religious organisations of the Sunni Muslim scholars and clerics in Kerala, moved the Supreme Court while the one in the Delhi High Court was filed by an advocate Shahid Ali, reported NDTV. Both allege that “The Muslim Women (Protection of Rights on Marriage) Act, 2019” violates the fundamental rights of Muslim husbands.

They have claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and is liable to be struck down.

“The Act 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,” the plea filed in the top court said.

The petition in Supreme Court

The SKJU has submitted that the legislation is class specific to Muslims and the intent behind the Act is not abolition of triple talaq but “to punish Muslim husbands”.

“Section 4 imposes a maximum sentence of 3 years imprisonment when a Muslim husband pronounces Triple Talaq. The offence is cognizable and non-bailable as per Section 7,” the plea said.

The Women (Protection of Rights on Marriage) Act of 2019 makes instant triple talaq a penal offence. It imposes a maximum sentence of three years imprisonment when a Muslim husband pronounces instant triple talaq. The offence is cognizable and non-bailable.

“If the motive was to protect a Muslim wife in an unhappy marriage, no reasonable person can believe that the means to ensure it is by putting an errant husband in jail for three years and create a non-bailable offence for merely saying ‘talaq, talaq, talaq’. Further, the offence is confined only to Muslim husbands.

“It is absurd that for an utterance which has no legal effect, whether spoken by Muslim, Hindu or Christian, it is only the Muslim husband who is penalised with a three-year sentence. Protection of wives cannot be achieved by incarceration of husbands…,” the organisation, represented by advocate Zulfiker Ali PS, contended.

It urged the court to stay the operation of the ordinance while questioning the haste with which the government promulgated it.

The petition contends that the Supreme Court has already declared the utterance of triple talaq “null and void”. The marriage continues despite the utterance of triple talaq. If triple talaq has thus no legal effect, why should the government go ahead and make it an offence now?

The petition argued that a truly welfare-oriented legislation would promote amicable resolution of matrimonial disputes, regardless of community.

The petition in the top court said there are statutorily prescribed procedures for divorce in other religions too and non-compliance of this procedure for divorce is not a punishable offence for members of other religions.

“There is no reasonableness or constitutional logic for making the procedural infirmity in effecting divorce a punishable offence for members of Muslim community alone and such legislation cannot withstand the test of Article 14,” it said.

It said that a welfare-oriented legislation would not purport to criminalise marital discord and moreover, particularise the criminalization only to one community.

“With respect, it is submitted that any such a legislation ought to shock the judicial conscience. The impugned Act is such an endeavour and ought to be struck down for violating Article 21,” it said.

Petition in Delhi High Court

The petition in the high court said that the new legislation criminalising the practice of ”triple talaq” among Muslims and making it a non-bailable offence punishable with three years of imprisonment, would shut down all room for compromise between the husband and wife.

It said that since triple talaq has been declared as void, the Act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong.

The high court petition has alleged that the intentions of central government are “mala fide and ultra-vires” of the Constitution as well as the Supreme Court’s judgment, declaring instantaneous and irrevocable divorce pronounced by a Muslim husband as void and illegal.

It claimed that there could be misuse of criminalisation of ”triple talaq” as the Act does not provide for a mechanism to ascertain the truthfulness of the allegations of such pronouncement.

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PM Modi urges people to read Tirukkural on Thiruvalluvar Day

Prime Minister Narendra Modi on Thiruvalluvar Day appealed to people to read the Tirukkural, calling it a reflection of the humane and harmonious ideals of Tamil philosopher-poet Thiruvalluvar.

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Prime Minister Narendra Modi on Friday urged people across the country to read the Tirukkural, highlighting its enduring relevance and the intellectual legacy of Tamil philosopher-poet Thiruvalluvar.

Marking Thiruvalluvar Day, which coincides with the Pongal celebrations every year, the prime minister paid tribute to the revered scholar, describing him as a symbol of harmony, compassion and Tamil cultural excellence.

In a message shared on social media platform X, Modi said Thiruvalluvar’s works and ideals continue to inspire countless people even today. He noted that the philosopher envisioned a society rooted in compassion and balance.

The prime minister encouraged citizens to engage with the Tirukkural, a classical Tamil text that deals with various aspects of human life, ethics and governance, calling it a window into the profound intellect of Thiruvalluvar.

Thiruvalluvar Day is observed annually to honour the philosopher-poet, whose literary contributions remain central to Tamil culture and thought.

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BJP, Thackerays or Pawars: Maharashtra civic body poll results awaited today

Counting of votes for 29 municipal corporations in Maharashtra, including the key BMC and Pune civic bodies, begins today, with BJP, Thackerays and Pawars awaiting crucial results.

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The political balance in Maharashtra’s urban centres will become clearer today as votes are counted for elections to 29 municipal corporations across the state. The results are keenly awaited amid high-stakes contests involving the BJP, the Thackeray cousins and the reunited Pawar factions.

Polling was held for 2,869 seats across 893 wards, with 3.48 crore eligible voters deciding the fate of 15,931 candidates. Counting is scheduled to begin at 10 am.

Mumbai and Pune in sharp focus

All eyes are on Mumbai, where the contest for the Brihanmumbai Municipal Corporation (BMC) has drawn statewide attention. Shiv Sena (UBT) chief Uddhav Thackeray and Maharashtra Navnirman Sena chief Raj Thackeray joined hands after more than two decades in a bid to reclaim control of the country’s richest civic body.

The BMC, which has an annual budget of over Rs 74,400 crore, went to polls after a nine-year gap, following a four-year delay. A total of 1,700 candidates contested the 227 seats.

Exit polls suggest a strong performance by the BJP–Shiv Sena (Eknath Shinde faction) alliance in Mumbai. An aggregate of multiple surveys projects the ruling alliance ahead, with the Shiv Sena (UBT) and allies trailing, while the Congress is expected to secure a limited number of seats. Exit polls have also indicated possible voting consolidation among Maratha and Muslim voters behind the Thackeray-led alliance, while women and young voters may tilt towards the BJP.

The last BMC election in 2017 saw the undivided Shiv Sena retain control of the civic body it had dominated for decades.

In Pune, the spotlight is on the unusual alliance between rival NCP factions led by Ajit Pawar and Sharad Pawar. Exit polls indicate the BJP could emerge as the largest party in the Pune Municipal Corporation (PMC), with both NCP factions and the Shiv Sena also expected to secure a share of seats.

Statewide counting underway

Apart from Mumbai and Pune, counting will take place in several other key municipal corporations, including Thane, Navi Mumbai, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Mira-Bhayandar, Vasai-Virar, Solapur, Kolhapur, Amravati, Akola, Jalgaon, Malegaon, Latur, Dhule, Jalna, Sangli-Miraj-Kupwad, Nanded-Waghala, Chandrapur, Parbhani, Panvel, Bhiwandi-Nizampur, Ulhasnagar, Ahilyanagar and Ichalkaranji.

With major parties treating these civic polls as a referendum on their urban appeal ahead of future state and national elections, today’s results are expected to shape Maharashtra’s political narrative in the months to come.

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Supreme Court flags risk of lawlessness, pauses FIRs against ED officers in Bengal case

The Supreme Court paused FIRs against ED officers in the Bengal I-PAC raid case, warning that obstruction of central probes could lead to lawlessness and seeking responses from the Centre and state.

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The Supreme Court on Wednesday delivered a sharp rebuke to the Mamata Banerjee-led West Bengal government, pausing FIRs lodged against officers of the Enforcement Directorate over searches linked to political consultancy I-PAC. The court said the case raises serious questions about interference in investigations and warned that failure to address them could lead to “lawlessness”.

A bench of Justice Prashant Mishra and Justice Vipul Pancholi sought replies from the Ministry of Home Affairs, the Department of Personnel and Training, Chief Minister Mamata Banerjee and the Trinamool Congress government on the ED’s plea. The central agency has also sought the suspension of Bengal Director General of Police Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, and a probe by the CBI. The matter will be heard next on February 3.

The ruling follows a standoff between the ED and the Bengal government after the agency conducted searches at premises linked to I-PAC, which manages election campaigns for the Trinamool Congress, in connection with a corruption case.

Court questions obstruction of central probes

Recording its prima facie view, the Supreme Court said the petition raised a “serious issue” concerning investigations by central agencies and possible obstruction by state authorities.

“There are larger questions which emerge and if not answered shall lead to lawlessness. If central agencies are working bona fide to probe a serious offence, a question arises: Can they be obstructed by party activities?” the bench observed.

Earlier in the day, the court also expressed disturbance over scenes of chaos in the Calcutta High Court during a hearing related to the same dispute.

ED alleges interference, seeks action against top cops

The Enforcement Directorate accused the West Bengal administration of interfering with its searches and investigation. Appearing for the agency, Solicitor General Tushar Mehta alleged that evidence was removed from the residence of an I-PAC co-founder and argued that such actions could encourage state police officers to aid and abet obstruction. He sought suspension of senior police officials.

Describing the disruption in the Calcutta High Court on January 9, Mehta called it “mobocracy”, saying a group of lawyers unconnected to the case disrupted proceedings, forcing an adjournment. The bench asked whether the high court had been turned into a protest site, to which Mehta responded that messages had circulated calling lawyers to gather at a specific time.

Banerjee’s counsel defends move, cites election confidentiality

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, questioned the timing of the ED’s presence in Bengal ahead of Assembly elections. He said the last development in the coal scam case dated back to February 2024 and argued that I-PAC handled election-related work under a formal contract with the Trinamool Congress.

According to Sibal, election data stored at the premises was confidential and critical to campaign strategy. He said the party leadership had a right to protect such information.

Representing the Bengal government and the DGP, senior advocate Abhishek Singhvi referred to the January 9 disruption but argued it could not justify parallel proceedings in different courts. The bench responded that emotions “cannot go out of hand repeatedly”.

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