Our Coresspondent / New Delhi

A Muslim organisation from Kerala today filed a plea in the Supreme Court challenging the ordinance which makes the practice of Triple Talaq a punishable offence. The plea comes days after the Narendra Modi led government introduced an ordinance over the bill after it failed to garner support in the Rajya Sabha.

The plea was filed by Kerala-based Muslim organisation Samastha Kerala Jamiyyathul Ulama, which stated that the Ordinance promulgated by the Centre was “arbitrary and discriminatory” and violative of Articles 14, 15 and 21 of the Constitution and should be struck down.

The plea filed through advocate Zulfiker Ali said, “The Ordinance has introduced penal legislation, specific to a class of persons based on religious identity. It is causative of grave public mischief, which, if unchecked, may lead to polarization and disharmony in society. Further, adjudication of the legality of the Ordinance by a plurality of High Courts under Article 226 would mean multiplicity of litigation over the same cause of action.”

The Muslim Women (Protection of Rights on Marriage) Ordinance was notified on September 19, hours after the Union Cabinet had cleared it. Under the ordinance, the practice of triple talaq has been declared illegal and void with a provision of a three-year jail term for the husband. However, it will be recognised as a crime only when a woman or her blood relative files a complaint with the police, the custody of children from the marriage will go to the woman and the mother is entitled to maintenance determined by a magistrate.