New Delhi: Even as the Supreme Court is being hailed for verdict decriminalising adultery, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has compared Section 497 to the offence of triple talaq and has stated that the Muslim women rights ordinance was not “justice.”
In a series of tweets, shortly after the verdict was announced, Owaisi argued that even though Section 377 (that dealt with criminalisation of homosexuality) and Section 497 were decriminalised, but the act of instant divorce or ‘talaq triple’ among Muslims has a penal provision and was thus criminalised.
“How is this justice? What will the BJP do?” the AIMIM chief asked in the tweet.
“The Supreme Court didn’t say triple talaq is unconstitutional but “set it aside” but the apex court has said Sections 377 & 497 is unconstitutional. Will Modi government learn from these judgments and take back their unconstitutional ordinance on triple talaq,” said the firebrand political leader from Hyderabad.
Owaisi also dubbed the recent ordinance passed by the Narendra Modi government, which made triple talaq a penal offence carrying a jail term of three years or fine or both for the husband, as “unconstitutional”.
The Union Cabinet had recently approved the ordinance makes triple talaq a criminal offence, following which President Ram Nath Kovind gave his assent to the ordinance. The ordinance mandates a maximum of three year jail term for a Muslim husband pronouncing instantaneous divorce.
The Supreme Court on Thursday quashed adultery as a criminal offence in India.
A Constitution bench headed by Chief Justice of India Dipak Misra declared by unanimity Section 497 in the Indian Penal Code as unconstitutional and being violative of gender equality.
The court underlined that Section 497 treats women as properties of their husbands and is hence manifestly discriminatory. It trashed the central government's defence of Section 497 that it protects sanctity of marriages.
The court noted that sanctity of marriage goes out of the window in various situations, including the one where a married man has sexual intercourse with an unmarried woman, but the legislature has criminalised only one instance.
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