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A Public Interest Litigation has been filed in the Delhi High Court,  challenging the Sections 4 and 7 of the controversial newly passed The Muslim Women (Protection of Rights on Marriage) Act, 2019

The petition has been filed by a social activist Shahid Ali, who is pleading or the quashing of certain sections of the article. In his plea he states that the Supreme court in it’s judgement had termed triple talaq as unconstitutional, however the government not only made in illegal and void but also declared it as a criminal offence

“The mere fact of not providing any measure for reconciliation between the Muslim husband pronouncing Talaq and his wife is ultra-vires to own statement of objects and reasons attached with the Act and also violative of the order of the apex court,” the plea said.

The petitioner further states that the bill discriminates against Muslims also on the ground that instances of desertions would increase.

“In Indian society most of the aggrieved Hindu husbands on account of tough procedure of divorce, prefer to desert their wives and since desertion is no offence, therefore, they avoid the unhappy marriages, however, the Muslim husbands cannot desert their wives and also cannot go in adultery on account of commandment of Quran, therefore, it is submitted that the present Act will result in discrimination against Muslims,” the plea further read

The Triple Talaq Bill, has been on the main agenda of the incumbent NDA government. Appealing it as a saviour to Muslim Women, it rather appears to be more of discriminatory in nature. And at a time where the Muslim Majority feels a little displeased with the right wing BJP, certain sections of the bill seems unwanted for. There is no doubt that the practice of Triple Talaq should be abolished but to make it as criminal offence, is the question that still needs a lot of reconsideration.

– India Legal Bureau

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