The Supreme Court today issued notice to the Centre on a batch of petitions challenging the validity of the newly enacted law, which made the practice of instant triple talaq among Muslims a punishable offence attracting a three-year jail term.

“Why such a practice can’t be made punishable if it’s still prevalent?” wondered a Bench headed by Justice NV Ramana after senior counsel Salman Khurshid said triple talaq had already been declared illegal and there was no need to criminalise it.

The Bench, however, agreed to examine the issues raised in the petitions filed by the Jamiat Ulama-i-Hind, Samastha Kerala Jamiyyathul Ulama and Islamic scholar Amir Rashadi Madni.

The petitioners challenged the validity of The Muslim Women Act, 2019, on the ground that it violated various provisions of the Constitution, including fundamental right against discrimination under Article 15, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

A five-judge Constitution Bench had in August 2017 declared the practice of instant triple talaq unconstitutional. Despite that, Muslim men were pronouncing instant triple talaq in various parts of the country. The Act makes it illegal to pronounce talaq thrice spoken, written or through SMS or WhatsApp or any other e-chat in one sitting. According to it, any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever shall be void and illegal.