SC declines to interfere challenge to the Triple Talaq ordinance of Sep 19

New Delhi, Nov 2: The Supreme Court on Friday refused to entertain petitions challenging the ordinance on Triple Talaq which was promulgated by the Centre on September 19.

The Chief Justice of India (CJI) said that the ordinance on Triple Talaq bill was promulgated just 2 months back and there is six months time for it. CJI said the bill can be taken up during the Winter Session of Parliament.

The Muslim Women (Protection of Rights on Marriage) Ordinance was promulgated on September 19 under which instant triple talaq has been declared illegal and punishable with a jail term of three years for the husband.

On August 9, the Union Cabinet had approved three amendments to the Muslim Women Protection of Rights on Marriage Bill which has been cleared by Lok Sabha but is pending approval of the Rajya Sabha. The government was unable to get the Triple Talaq Bill passed during the monsoon and the budget sessions of Parliament.

Becasue of this, the Union Government took the Ordinance route in this matter. President can issue ordinance when one of the houses of the Parliament is not in session. The maximum validity of an ordinance is 6 months and 6 weeks. An ordinance will expire after 6 weeks once both houses of the Parliament are in session.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was originally drafted in 2017 following a Supreme Court verdict. This Bill makes instant triple talaq or talaq-e-biddat a punishable offence.