New Delhi: The Supreme Court on Monday declined to entertain a petition filed by Samastha Kerala Jamilathul Ulema challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 abolishing triple talaq among Muslims and making it as a punishable offence.
The organisation submitted that this ordinance notified on September 19, 2018 was violative of Articles 14, 15 and 21 of the Constitution and accordingly, requires to be struck down.
The ordinance was also unconstitutional for failing to satisfy the mandatory requirements of Article 123 of the Constitution, viz the ordinance making power.
A bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta dismissed the petition observing that it did not want to interfere with the ordinance.
The petitioner pointed out that the ordinance applied across the country and has thus has national ramifications. The ordinance has introduced penal legislation, specific to a class of persons based on religious identity. It said once there was 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 penalize Triple Talaq by way of an Ordinance under Article 123.
The petitioner said creation of an offence might be the prerogative of the legislature. The Government is duty bound to act reasonably and sensibly, not merely in administrative matters but sovereign matters.
