Supreme Court Questions Anti-Triple Talaq Law, Seeks FIR Data from Centre

New Delhi: The Supreme Court on January 29, 2025, raised crucial questions regarding the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes the practice of triple talaq, declaring it a non-bailable offence. This came after the court questioned the rationale behind criminalizing a practice that had been rendered void by a Constitution Bench in 2017.

Chief Justice Sanjiv Khanna, leading the bench, sought clarification from the Centre on the number of FIRs and chargesheets filed against Muslim men under the Act. The court specifically wanted data on FIRs in rural areas. The Solicitor General, Tushar Mehta, defended the law, emphasizing its importance in protecting women from the sudden abandonment by their husbands, noting that the law serves as a deterrent.

The petitioners, however, led by Jamiat Ulama-I-Hind, argued that the law was disproportionate and excessive, likening the punishment for triple talaq to more serious crimes. They asserted that the law penalized the mere act of declaring divorce, even threatening it, without regard for its legal validity.

The court acknowledged that while no one would defend triple talaq, raising concerns over criminalizing an already void practice might be a cause for reconsideration. The next hearing is scheduled for March 17, 2025.

This ongoing case has raised vital debates on the balance between protecting women's rights and addressing potential overcriminalization.