New Delhi: The Supreme Court on Friday refused to entertain petitions challenging the ordinance on triple talaq. A three-judge bench of the Supreme Court, headed by Chief Justice of India (CJI) Ranjan Gogoi, refused to entertain a number of petitions on the same. Also Read - There Should be Some Screening: Supreme Court Seeks OTT Regulations From Centre
The ordinance was cleared by the Union Cabinet in September and signed by President Ram Nath Kovind later. Under the ordinance, giving instant triple talaq is illegal and void, and will attract a jail term of three years for the husband. Seeking to allay fears that the proposed law could be misused, the Government has included certain safeguards in it such as adding a provision of bail for the accused before trial. Also Read - Dissent Cannot be Termed Seditious, Says Supreme Court; Junks Plea Against Farooq Abdullah
These amendments were cleared by the Cabinet on August 29. Also Read - Is it Safe for 14-year-old to Terminate 26-week Pregnancy? SC asks Haryana Hospital
Last year, the Supreme Court had, by a 3-2 decision, struck down the practice of instant triple talaq as unconstitutional, manifestly arbitrary and void in law. However, the minority judgment concluded that “talaq-e-biddat” was a matter of personal law of Muslims that does not breach the Constitution’s Article 25 (right to practice one’s religion).
Chief Justice Keher and Justice Nazeer had said since ‘personal law’ had the stature of a fundamental right, “It is, therefore, the constitutional duty of all courts to protect, preserve and enforce all fundamental rights, and not the other way round. It is judicially unthinkable for a court to accept any prayer to declare as unconstitutional, for any reason or logic, what the Constitution declares as a fundamental right. Because in accepting the prayer, this court would be denying the rights expressly protected under Article 25.”
Striking down triple talaq, the Supreme Court also asked the government to bring legislation in Parliament and expressed hope that the Centre’s legislation will take into account concerns of Muslim bodies and Sharia law. The apex court urged political parties to rise above politics and consider such a legislation.