New Delhi [India]: The Supreme Court on Friday issued a notice to the central government seeking its response on public interest litigation (PIL) challenging the validity of Muslim Women (Protection of Rights on Marriage) Act 2019, which criminalises Triple Talaq. A bench headed by Justice NV Ramana sought the centre's reply on PIL moved by advocate Kamlesh Kumar Mitra on behalf of Muslim Advocate Association of Andhra Pradesh that claimed the act violates the several provisions of the Constitution.
The bench tagged the matter along with other similar pending cases in the court. The petition claimed that the act violates the fundamental rights under Article 14, 15 and 21 of the Constitution of India. It sought direction from the apex court to declare the act as "unconstitutional", as the law is violative of fundamental rights to equality, non-discrimination, life and liberty. The apex court had, on August 23, also sought the centre's response on a batch of petitions challenging the constitutional validity of the law.
The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes instant triple talaq a cognizable offence, which attract up to three years of imprisonment and a fine. Under the act, an accused can be arrested without a warrant.