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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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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Assam flood death toll rises to 66, over 6.5 lakh people still affected

Assam’s flood situation improved slightly on Saturday, but more than 6.54 lakh people remain affected in six districts. Four fresh deaths have pushed the state’s flood toll to 66.

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Assam floods

The flood situation in Assam showed marginal improvement on Saturday, though the disaster continued to impact more than 6.54 lakh people across six districts. Four more deaths were reported during the day, taking the total number of fatalities in this year’s floods to 66.

According to the Assam State Disaster Management Authority (ASDMA), three of the latest deaths were reported from Sivasagar district, while one person lost their life in Charaideo.

The number of affected people declined from over 7.05 lakh across nine districts on Friday to 6,54,800 across six districts on Saturday, indicating a gradual improvement in the overall situation.

Sivasagar remains the worst-hit district

Among the affected districts, Sivasagar continues to be the worst hit, with nearly 2.9 lakh people impacted by the floods. Charaideo follows with around 1.9 lakh affected residents, while more than 1.3 lakh people remain affected in Jorhat.

The other districts still facing flood-related challenges are Dibrugarh, Golaghat and Nagaon.

Relief operations continue across affected areas

The ASDMA said the state administration is operating 274 relief camps and aid distribution centres across the affected districts. Around 18,902 displaced people are currently taking shelter at these facilities.

The latest daily bulletin also stated that floodwaters have inundated 810 villages across the state, while 34,970.8 hectares of agricultural land have suffered damage.

Rivers flowing above danger level

The floods have also damaged embankments, roads, bridges and other public infrastructure in several areas.

Authorities said the Dikhou River in Sivasagar and the Dhansiri River at Numaligarh are flowing above the danger level, and officials continue to closely monitor the situation.

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UP Government forms new SIT led by 3 IPS officers to probe Ayodhya Ram Temple donation theft

The Uttar Pradesh government has formed a new SIT led by three IPS officers to investigate the alleged Ram Temple donation theft case in Ayodhya following Supreme Court directions.

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Ram Mandir

The Uttar Pradesh government has reconstituted a Special Investigation Team (SIT) headed by IG Kiran S, with DIG Somen Verma and SSP Dr Gaurav Grover as members, to investigate the alleged theft of donations meant for the Ram Temple in Ayodhya. 

The move comes after directions from the Supreme Court, which sought a reconstituted investigation team to ensure an independent and comprehensive probe into the allegations.

The newly formed SIT is expected to continue the investigation and submit a status report before the Supreme Court on July 27.

Senior IPS officers to lead the probe

According to the state government, the investigation will now be supervised by senior IPS officers.  The revamped SIT has been tasked with examining all aspects of the alleged embezzlement of temple donations and carrying the investigation forward.

The Supreme Court had observed that criminal investigations and technical examination of theft-related cases are more effectively handled by experienced police officers, leading to the reconstitution of the SIT under senior IPS leadership.

Probe to continue under court supervision

The case relates to the alleged embezzlement of offerings (chadhava) donated by devotees at the Shri Ram Janmabhoomi Temple in Ayodhya.

The Supreme Court is monitoring the investigation and will review the SIT’s status report at the next hearing.

Authorities are expected to continue examining evidence collected during the earlier stages of the investigation as the newly constituted SIT proceeds with the case.

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