Group challenges government's triple talaq ordinance

New Delhi: Samastha Kerala Jamilathul Ulema has challenged in the Supreme Court the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, which abolishes triple talaq among Muslims and makes it a punishable offence. The organisation submitted that this ordinance, notified on September 19, is violative of Articles 14, 15 and 21 of the Constitution and, accordingly, requires to be struck down.

The ordinance is also unconstitutional for failing to satisfy the mandatory requirements of Article 123 of the Constitution, viz the ordinance-making power, it said.  It pointed out that the ordinance applies across the country and has thus had national ramifications. The ordinance has introduced penal legislation, specific to a class of persons based on religious identity. 

It said once there was a declaration made by this court that triple talaq was illegal, there was no surviving action, let alone “immediate action” warranted to reiteratively abolish the practice and penalise triple talaq by way of an ordinance under Article 123. The fact that the matter is pending before Rajya Sabha is a reason to await the outcome of the matter, it said.