Context
The bench was hearing an appeal filed against a Kerala High Court order, which had declined to grant anticipatory bail to the woman.
In news
- The offence under the triple talaq law can only be committed by a Muslim man, and his mother cannot be accused of it, the Supreme Court has ruled.
- The Supreme Court has said there is no bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act 2019, which makes the practice of instant divorce through "triple talaq" among Muslims a punishable offence, provided the court hears the complainant woman before granting pre-arrest bail.
- The judgment said that even legislation, such as the SC and ST Act, where a bar is interposed on the application of Section 438 of the CrPC (anticipatory bail), “this court has held that the bar will not apply where the complaint does not make out ‘a prima facie case’ for the applicability of the provisions of the Act”.
Issue
The Supreme Court has observed that relatives of a 'husband' cannot be accused of an offence under Muslim Women (Protection of Rights on Marriage) Act.
What is Triple Talaq ?
- Talaq is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can severe all marital ties with his wife.
- Under the Muslim law, Triple Talaq means liberty from the relationship of marriage, eventually or immediately, where the man, by simply uttering the word ‘talaq’ three times, ends his marriage.
- This instant divorce is called Triple Talaq, also known as ‘talaq-e-biddat’.
- The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the practice of Triple Talaq which gave a Muslim husband special privileges over his wife.
What is the Triple Talaq law?
- Triple Talaq, also known as Muslim Women (Protection of Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talaq a criminal offence.
- The Rajya Sabha passed the Bill, with 99 votes in its favour and 84 against it. The Triple Talaq law makes the instant triple talaq a criminal offence and provides for a jail term of three years for a Muslim man who commits the crime.
- The law also makes Triple Talaq a cognisable and non-bailable offence. Introduced in the Lok Sabha by Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill replaced an Ordinance promulgated on February 21, 2019.
- As the Bill was pending for consideration in the Rajya Sabha and the practice of Triple Talaq divorce system was continuing, there was an urgent need to take immediate action to prevent such a practice by making strict provisions in law.
Source: PIB
