The Centre has justified in the Supreme Court the Muslim Women (Protection of Rights on Marriage) Act, 2019, which among other things mandates three-year imprisonment for Muslim men resorting to triple talaq, also known as instant divorce, saying that despite the five-judge Constitution bench ruling in 2017 that the practice was unconstitutional, it remained unabated, hence a deterrent law was necessary to curb the menace.

In an affidavit filed before the top court, the Centre stated: “It is submitted that in spite of the Hon’ble Constitution Bench’s Judgment in Shayara Bano case, thereby setting aside the practice of talaq-e-biddat (triple talaq) and the assurance of All India Muslim Personal Law Board, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It was seen that setting aside talaq-e-biddat by this Hon’ble Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. Therefore, it was felt that there is a need for State action to give effect to the order of this Hon’ble Court and to redress the grievances of victims of illegal divorce.”

The affidavit was filed by K.R. Saji Kumar, joint secretary in the ministry of law and justice, in response to a petition filed by a Muslim man challenging the act as being unconstitutional and violative of Article 14 (equality), 15 (non-discrimination), 21 (life and personal liberty) and 25 (right to practice one’s religion) of the Constitution of India.

The Centre has pleaded that the impugned act provides that the practice of talaq-e-biddat be made punishable as it violates the fundamental rights and the rights of equality guaranteed to a woman under the Constitution.