India

SC seeks data on criminal cases over instant talaq

January 29, 2025

New Delhi: The Supreme Court on Wednesday sought data on the number of criminal cases registered by the police on the complaints of Muslim women since enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The act criminalises the practice of divorce among Muslims through pronouncement of instant triple talaq.

A bench headed by CJI Sanjiv Khanna also sought data on the pending triple talaq cases and any challenges pending before the high courts against the enactment. The development took place during the resumed hearing of a clutch of pleas challenging the 2019 law, particularly the provisions criminalising triple talaq.

The bench verbally remarked that the petitioners were only challenging the criminalisation of the practice and not defending the practice itself. “I am sure none of the lawyers here are saying that the practice is correct, but what they are saying is that whether it can be criminalised when the practice is banned and no divorce can take place by uttering talaq three times at once,” CJI Khanna orally observed.

Representing the Centre, solicitor general Tushar Mehta submitted statistics would be important to demonstrate whether the regressive practice was continuing and if women are coming forward or not.

One of the counsels for the petitioners argued that abandonment of the wife is not a criminal offence in any other community.