Legal

Keralam Registered 203 Instant Triple Talaq Cases Since 2019, Centre Tells Supreme Court

The Central Government has informed the Supreme Court that Keralam registered 203 cases after instant triple talaq became a criminal offence in 2019.

According to the affidavit, authorities have filed charge sheets in 178 cases.

The government introduced the law to protect Muslim women from instant triple talaq.

Keralam registered 25 FIRs in 2019, of which 22 resulted in charge sheets. In 2020, police recorded 38 FIRs and filed charge sheets in 33 cases.

The state saw 43 cases in 2021, with charge sheets filed in 41. In 2022, 29 FIRs were registered and 25 charge sheets submitted.

All 16 cases recorded in 2023 had charge sheets filed, while 18 of 20 cases registered in 2024 reached that stage.

In August 2017, a five-judge Supreme Court Bench declared instant triple talaq unconstitutional by a 3:2 majority in the Shayara Bano versus Union of India case.

The Centre later enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019. It declares instant talaq void and illegal, and makes its pronouncement punishable by up to three years in prison and a fine.

The law covers declarations made orally, in writing or electronically.

Samastha Kerala Jamiyyathul Ulama has petitioned the Supreme Court to strike down the legislation.

The petitioners argue that criminal punishment is disproportionate because the pronouncement does not legally end the marriage, and contend that the law violates Articles 14, 15 and 21.

The Centre has defended the law, stating that defining criminal offences and prescribing penalties fall within Parliament’s legislative authority.

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Bishal Singh

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