Triple Talaq Ordinance moved to Supreme Court

The Samastha Kerala Jamiathul Ulema on Tuesday moved the Supreme Court challenging the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 on the grounds that it invokes penal provisions against a class of people based on their religious identity.

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 -- commonly referred to as triple talaq ordinance -- abolishes the practice of triple talaq and makes it's punishable.

Founded in 1925, the Samastha Kerala Jamiathul Ulema is a religious organization of the Sunni Muslim scholars and clerics in Kerala.

Contending that the triple talaq ordinance is violative of Article 14, 15 and 21 of the Indian Constitution, the petitioner organization has said that it has national ramification as it has introduced penal provision punishing a class of persons based on religious identity.

The Jamiathul Ulema has contended that the ordinance is "causative of grave public mischief, which, if unchecked, may lead to polarisation and disharmony in society".

The petitioner organization has taken exception to the word "unabated" in the ordinance, which says that despite the Supreme Court holding the practice of triple talaq (talaq-e-biddat) as unconstitutional, it is continuing "unabated".

Describing the use of word "unabated" as "entirely whimsical", the petitioner organization termed it "misleading, inept and improper".

It said that it is doubtful that anybody, including the Central government, has any idea of all-India statics on the occurrence of triple talaq across the country prior to the Supreme Court judgment.

It has contended the fact that the matter is pending before the Rajya Sabha is "reason to await the outcome of the matter, not the basis to accelerate its coming into force by an emergency ordinance".