New Delhi: The Supreme Court has asked the government to provide details on how many Muslim men have been charged under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes the act of pronouncing triple talaq. The court specifically inquired about the number of FIRs and charge sheets filed under this law. The next hearing on this matter is scheduled for March 26, 2025.
Petitions challenging the law have been pending since 2019, arguing that the Supreme Court had already declared triple talaq invalid. The petitioners contend that there was no need for a separate law punishing the practice, as the act of pronouncing triple talaq should not attract a prison sentence of up to three years. They argue that sending a husband to jail does not provide any benefit to the wife.
During the hearing, Solicitor General Tushar Mehta, representing the government, read a poem by Pakistani poet Parveen Shakir, stating, “If you are divorcing me, then return my youth along with my dowry.” Addressing objections to the punishment under the law, Mehta noted that while the law stipulates a maximum sentence of three years for triple talaq, other laws designed to protect women include even harsher penalties. He emphasized that criminalizing an act is within the legislative policy domain.
Advocate Nizam Pasha, representing the petitioners, argued that simply pronouncing triple talaq should not be treated as a crime. In response, Mehta referred to Section 506 of the IPC, which also penalizes certain words and actions. Chief Justice Sanjiv Khanna raised a key question, asking the government why punishment was necessary if the pronouncement of triple talaq does not necessarily result in the separation of the couple. He further asked for a list of FIRs filed under the triple talaq law across the country.
Advocate Pasha also raised concerns about discrimination against the Muslim community, pointing out that in other communities, abandoning a spouse is not considered a crime. Senior Advocate M.R. Shamshad, another lawyer for the petitioners, suggested that existing laws, such as those dealing with domestic violence, could address such cases without the need for a separate law. He argued that while it takes months to register an FIR in cases of domestic violence, cases of triple talaq are being registered immediately.
Chief Justice Khanna acknowledged the legal concerns but emphasized the broader issue of whether triple talaq should be criminalized, particularly when the practice itself does not result in a formal divorce. The court will continue to review the law’s impact and its alignment with existing legal protections for women.