New law on triple talaq challenged in SC & Delhi HC

The new legislation which makes the practice of instant divorce through 'triple talaq' among Muslims a punishable offence with 3-year imprisonment was challenged in the Supreme Court and the Delhi High Court on Friday.

The petition in the apex court was moved by a Kerala-based Muslim organisation, while the one in the Delhi High Court was filed by an advocate -- both alleging that 'The Muslim Women (Protection of Rights on Marriage) Act, 2019' violates the fundamental rights of Muslim husbands.

'Samastha Kerala Jamiathul Ulema', a religious organisation of Sunni Muslim scholars and clerics in Kerala, and the Delhi-based advocate Shahid Ali have claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and is liable to be struck down.

Both the petitions were filed a day after President Ram Nath Kovind gave assent to the new legislation.

"The Act has introduced penal legislation, specific to a class of persons based on religious identity. It is causative of grave ..