The Supreme Court on Wednesday directed the Centre to provide data regarding criminal cases filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This Act criminalises the pronouncement of instant triple talaq by Muslim men.

A Bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar issued the directive while hearing petitions from various Muslim organisations challenging the constitutionality of the Act. The court specifically sought details on the total number of first information reports (FIRs) registered under Sections 3 and 4 of the Act.

During the hearing, Solicitor General of India Tushar Mehta argued that determining criminal liability falls within the purview of legislative policy. Addressing concerns about the severity of punishment under the Act, he pointed out that the maximum sentence is three years, whereas other laws designed to protect women's rights prescribe even harsher penalties.  

Advocate Nizam Pasha, representing the petitioners, contended that the Act criminalises the mere verbal pronouncement of talaq thrice. However, SG Mehta countered that similar legal provisions, such as Section 506 of the Indian Penal Code, also penalise certain forms of speech.  

Chief Justice Khanna noted that even if a husband utters triple talaq, the marriage remains legally intact. He questioned the logic of criminalising the pronouncement of divorce when it holds no legal validity, asking for comprehensive data on FIRs registered under the Act across the country.  

The petitioners argued that the law unfairly targets Muslim men, as men from other communities who abandon their wives do not face criminal consequences. Senior Advocate MR Shamshad stated that existing domestic violence laws could address such issues, making a separate criminal statute unnecessary. He further pointed out that in matrimonial disputes, even cases involving physical abuse take months to result in an FIR, whereas a mere verbal pronouncement of talaq leads to immediate legal action. 

SG Mehta defended the Act, stating that no civilised society permits such practices. The Chief Justice clarified that the petitioners were not defending the validity of triple talaq but were questioning its criminalisation, especially when the Supreme Court had already ruled it illegal and ineffective as a form of divorce.  

The Bench then directed the Centre to provide a list of pending cases under Sections 3 and 4 of the Act, along with data on FIRs registered in rural areas. The court also asked all parties to submit written arguments.  

The legal battle over triple talaq dates back to 2017 when a Constitution Bench of the Supreme Court declared the practice unconstitutional in Shayara Bano vs Union of India & Ors. Subsequently, Parliament enacted a law in 2019, making the pronouncement of triple talaq a punishable offense.  

Following the enactment of the law, several Muslim organisations, including Samastha Kerala Jem-iyyathul Ulama, Jamiat Ulama-i-Hind, and the Muslim Advocates Association (Andhra Pradesh), challenged its constitutional validity.