Supreme Court Seeks Data on Triple Talaq Cases

The Supreme Court has asked the Centre to submit details of FIRs and chargesheets under the Muslim Women Act, 2019, which criminalises triple talaq. Petitioners argue the law unfairly targets Muslims, while the government defends it as necessary. The case will be heard in March 2025.

The Supreme Court has directed the Centre to submit details of FIRs and chargesheets filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises the practice of instant triple talaq. The court is hearing multiple petitions challenging the constitutional validity of the Act.

A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar has asked the Centre to provide a comprehensive list of cases, including data from rural areas, where men have been prosecuted for invoking triple talaq. The court has also invited written submissions from both sides before the final hearing scheduled for the week starting March 17.

The Supreme Court questioned whether criminal penalties were justified when triple talaq had already been declared unconstitutional in 2017. It observed that since the practice does not dissolve marriage, the issue now lies in its criminalisation.

Solicitor General Tushar Mehta defended the law, stating that penalising an illegal act falls under legislative authority. He also argued that the punishment—up to three years of imprisonment—was proportionate compared to other laws safeguarding women’s rights.

However, petitioners, including organisations like Jamiat Ulama-i-Hind and the Muslim Advocates Association, argued that the law unfairly targets the Muslim community. They contended that verbal pronouncement alone should not be a criminal offence, as existing laws already address domestic disputes.

Also Read: At Least 15 Feared Dead, 70 Injured in Stampede at Maha Kumbh Mela

The Supreme Court’s verdict on this issue will have significant implications for personal laws and religious freedoms in India.