SC seeks data on triple talaq cases, Centre defends criminalisation

New Delhi: The Supreme Court on Wednesday directed the Centre to provide data on criminal cases registered under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises the pronouncement of triple talaq by Muslim men.

A Bench led by Chief Justice of India Sanjiv Khanna, hearing a batch of petitions challenging the law’s constitutionality, sought details on the number of FIRs and charge sheets filed under the Act. Solicitor General Tushar Mehta was asked to submit the data before the court, reported IANS.

The petitioners argued that since the Supreme Court had already invalidated talaq-e-biddat in the 2017 Shayara Bano case, criminalising the practice serves no legal purpose. In that landmark ruling, a Constitution Bench had declared instant triple talaq unconstitutional, holding it violated fundamental rights and gender equality under the Constitution.

The Centre, however, defended the law in an affidavit, stating that despite the 2017 ruling, triple talaq continued in certain communities, leaving affected women without legal recourse. The government argued that criminalising the practice was necessary to act as a deterrent and prevent the abandonment of wives under an instantaneous and irrevocable divorce system.

The affidavit, filed by the Union Ministry of Law and Justice, asserted that talaq-e-biddat was not just a private issue but a public wrong that undermined women’s rights and the institution of marriage. It justified Parliament’s decision to enact the 2019 law as essential to ensuring gender justice and equality for Muslim women.

The Centre further argued that criminalisation is a legislative prerogative, and the Supreme Court should not question Parliament's wisdom in defining offences and prescribing penalties. It also cited the Delhi High Court’s dismissal of a similar challenge against the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, which laid the groundwork for the present Act.

The Bench, which also included Justice Sanjay Kumar, scheduled the final hearing for the week of March 17.