SC moved challenging triple talaq ordinance
Tuesday - September 25, 2018 8:18 pm ,
Category : INDIA
SC moved challenging triple talaq ordinance
New Delhi Sep 25 (IANS) The Samastha Kerala Jamiathul Ulema on Tuesday moved the Supreme Court challenging the Muslim Women (Protection of Rights on Marriage) Ordinance 2018 on the grounds that it invokes penal provisions against a class of people based on their religious identity.
The Muslim Women (Protection of Rights on Marriage) Ordinance 2018 -- commonly referred to as triple talaq ordinance -- abolishes the practice of triple talaq and makes its punishable.
Founded in 1925 the Samastha Kerala Jamiathul Ulema ia a religious organisation of the Sunni Muslim scholars and clerics in Kerala.
Contending that the triple talaq ordinance is violative of Article 14 15 and 21 of the Indian Constitution the petitioner organisation has said that it has national ramification as it has introduced penal provision punishing a class of persons based on religious identity.
The Jamiathul Ulema has contended that the ordinance is "causative of grave public mischief which if unchecked may lead to polarisation and disharmony in society".
The petitioner organisation has taken exception to the word "unabated" in the ordinance which says that despite the Supreme Court holding the practice of triple talaq (talaq-e-biddat) as unconstitutional it is continuing "unabated".
Describing the use of word "unabated" as "entirely whimsical" the petitioner organisation termed it "misleading inept and improper".
It said that it is doubtful that anybody including the Central government has any idea of all-India statics on the occurrence of triple talaq across te country prior to the Supreme Court judgment.
It has contended the fact that the matter is pending before the Rajya Sabha is "reason to await the outcome of the matter not basis to accelerate its coming into force by an emergency ordinance".
--IANS pk/nir
The Muslim Women (Protection of Rights on Marriage) Ordinance 2018 -- commonly referred to as triple talaq ordinance -- abolishes the practice of triple talaq and makes its punishable.
Founded in 1925 the Samastha Kerala Jamiathul Ulema ia a religious organisation of the Sunni Muslim scholars and clerics in Kerala.
Contending that the triple talaq ordinance is violative of Article 14 15 and 21 of the Indian Constitution the petitioner organisation has said that it has national ramification as it has introduced penal provision punishing a class of persons based on religious identity.
The Jamiathul Ulema has contended that the ordinance is "causative of grave public mischief which if unchecked may lead to polarisation and disharmony in society".
The petitioner organisation has taken exception to the word "unabated" in the ordinance which says that despite the Supreme Court holding the practice of triple talaq (talaq-e-biddat) as unconstitutional it is continuing "unabated".
Describing the use of word "unabated" as "entirely whimsical" the petitioner organisation termed it "misleading inept and improper".
It said that it is doubtful that anybody including the Central government has any idea of all-India statics on the occurrence of triple talaq across te country prior to the Supreme Court judgment.
It has contended the fact that the matter is pending before the Rajya Sabha is "reason to await the outcome of the matter not basis to accelerate its coming into force by an emergency ordinance".
--IANS pk/nir
