The practice of ‘triple talaq’ is “fatal for the social institution of marriage” and “makes Muslim women’s condition very pathetic”, the government argued Monday in an affidavit filed before the Supreme Court.

The government said the top court’s setting aside of the practice – that had been held valid among certain Muslim communities – in 2017 had “not worked as a sufficient deterrent in bringing down the number of divorces by this practice” among members of those communities.

“Victims of ‘triple talaq’ have no option but to approach the police… and the police were helpless as no action could be taken against husbands in the absence of punitive provisions in the law. In order to prevent (this) there was an urgent need for stringent (legal) provisions,” the government said.

The government’s affidavit was in response to a petition arguing that since the Supreme Court had invalidated the practice of ‘triple talaq’ there is no need to criminalise the same.

The original affidavit was filed earlier this month by the Samastha Kerala Jamiathul Ulema, which describes itself as “an association of eminent Sunni scholars”. Among other points, the petitioner called the Muslim Women (Protection of Rights on Marriage) Act, 2019, is unconstitutional.

The petitioners argued that the Act violates fundamental rights, including those that guarantee Indian citizens equality before law and prohibits discrimination on grounds of religion.

In a detailed response made public this morning the government firmly dismissed the petitioners’ claims, arguing that the practice of ‘triple talaq’ “violates fundamental rights and rights of equality guaranteed to women under the Constitution”.

A second-year BCom student has been arrested by Kolkata Police for a provocative social media post that incited violence against West Bengal Chief Minister Mamata Banerjee. 

The accused, Kirti Sharma, who operated under the handle “kirtisocial” on Instagram, is accused of encouraging others to assassinate the Chief Minister in a manner reminiscent of the assassination of former Prime Minister Indira Gandhi.

The post, which read, “Shoot Mamata Banerjee like Indira Gandhi. If you can’t do it, I wouldn’t disappoint,” quickly gained attention after several Trinamool Congress supporters flagged it to the authorities. The police also alleged that the accused disclosed the identity and photograph of the 31-year-old postgraduate trainee doctor who was found brutally raped and murdered at Kolkata’s RG Kar Medical College and Hospital on August 9.

The Kolkata Police released a statement regarding the incident, saying, “A complaint was received regarding the accused person, having the Instagram ID ‘kirtisocial,’ who uploaded three Instagram stories related to the recent incident at RG Kar Hospital. The posts disclosed the picture and identity of the victim, which is highly offensive in nature. Additionally, the accused shared two stories containing offensive comments and life threats against the Hon’ble Chief Minister of West Bengal. These comments are provocative and may create social unrest and promote hatred among communities.”

The Kolkata Police has cracked down heavily on social media posts related to the rape-murder incident. Summons were issued to Trinamool MP Sukhendu Sekhar Ray after he publicly demanded that the CBI interrogate the Kolkata police commissioner. The police also issued summonses to former BJP MP Locket Chatterjee and two prominent doctors for allegedly spreading rumours and disclosing the identity of the victim.