Submit Data On Number Of FIRs Against Muslim Men In Triple Talaq Cases: SC To Centre

The apex court passed the directions while hearing pleas challenging criminalization of triple talaq. CJI Sanjiv Khanna and Justice Sanjay Kumar heard the matter.

New Delhi:The Supreme Court on Wednesday asked the Centre to submit data regarding the total number of FIRs registered against Muslim men and chargesheets filed in cases related to divorce through banned triple talaq under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

The apex court passed the directions while hearing pleas challenging the criminalization of triple talaq. The matter came up before a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar. At the beginning of the hearing, Solicitor General Tushar Mehta, representing the Centre, contended that the Act is required to protect women and there should be a deterrent.

CJI said now the Centre has penalised the very act of pronouncing the triple talaq. “Now all FIRs are all centralised.. tell us now how many cases are pending and if any challenge before other high courts," said the bench. Advocate Nizam Pasha, representing one of the petitioners, submitted that mere pronouncement has been penalized now.

Advocate M R Shamshad, representing another party in the matter, argued that such utterances and emotional violence are covered under the Domestic Violence Act. "This is like saying that from the next moment, you are not my wife and a human being thrown out of a man’s life and also the house," Mehta said.

"I do not think the Domestic Violence Act will cover….”, said the CJI, while addressing Shamsad's contention. The CJI said the parties in the matter should file written submissions, and asked Mehta to check and give the data on the number of FIRs registered, including rural data. “Let them file the data, we will know exactly (what is the situation)…”, said the CJI.

Pasha said abandonment is not an offence for any other community. Mehta said triple talaq is not there in other communities. Shamshad contended that in criminal offences, even in Delhi FIRs are not registered for months in matrimonial cases, when there is a serious issue of beating etc., and here somebody has said three times talaq then he will go to jail, and added, “that is the issue”.

The CJI said most of the lawyers would not argue that triple talaq was the right practice, probably they would argue on the aspect of the criminalization of it. The petitioners’ counsel stressed that the practice of triple talaq is gone.

The bench, after noting that many organisations are challenging the validity of the 2019 Act, decided to remove the name of all petitioners and termed the matter as 'In Re: challenge to Muslim Women (Protection of Rights on Marriage) Amendment Act, 2019." The apex court has scheduled the matter for further hearing in the week commencing on March 17 this year.

During the hearing, the CJI raised questions regarding the criminalisation of the pronouncement of triple talaq. "If divorce through triple talaq is not recognised by law or the SC judgment holding the field now, it means the relation between the husband and wife continues ..you have criminalised the talaq pronouncement," he said.

The CJI added that the relationship has not come to an end, and told Mehta, "You have criminalised the process..you have penalised the very act of pronouncing it".

After the apex court concluded the hearing on the matter, Mehta quoted former Pakistan Civil Service officer and poetess Parveen Shakir who was divorced by her husband. The petitions have been filed by Maulana Amir Rashadi Madani, the Samastha Kerala Jamiathul Ulema and The Jamiat Ulama-I-Hind among others.

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