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Centre plans to bring legislation in Winter Session of Parliament to end Triple Talaq

An inter-ministerial committee has been formed to draft the bill.

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Centre has decided to bring a legislation during the Winter Session of the Parliament to end the practice of triple talaq. Sources said that a Ministerial Committee has been constituted to frame a law in this regard. This decision comes in the wake of the judgement given by the Supreme Court of India in the matter of Shayara Bano Vs. Union of India and others connected matters. In majority judgment, the court had set aside the practice of Talaq-e-biddat among Muslim husbands.
 
The judgment upholds equal rights and equal protection of every person enshrined under Article 14 of the Constitution, irrespective of majority or minority status. To give life to the order of the Supreme Court, Centre has decided to take the matter forward.
 
Sources in the government say that the call for reforms in the personal law had come from the Muslim community itself. The All India Muslim Personal Law Board (AIMPLB) had contended that on matters of religious practice, such as Talaq-e-biddat, it is for the legislature to make law. Sources say that the endeavour is to bring suitable legislation to end the practice.  Centre has noticed that there have been reports of number of divorces by way of Talaq-e-biddat happening even after the above said judgement by the Supreme Court.
 
Centre felt that this is happening because of two reasons. Either the information on the decision of Supreme Court has not become a common fact or lack of deterrence was not changing the mind set on Talaq-e-biddat. In spite of reaching out to the members of the community to stop this archaic practice, there seems to have been no decline in the practice of Talaq-e-biddat, Centre noticed.
 
In a recent incident of Talaq-e-biddat, it was noticed that a person in a leading educational institution divorced his wife through WhatsApp and short message service. Subsequently the wife approached the police. Centre says that there may be many such unreported instances of instantaneous triple talaq happening elsewhere in the country too.
 
Government feels that as the law stands today, the victims of Talaq-e-biddat have no option but to approach the police for the redressal of their grievance as Muslim clergy is unwilling to assist them. Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law.
 
Hence the government is planning a legislation which will act as a deterrent against husbands from divorcing their wives and empower Muslim women who find themselves helpless against the use of the practice of 'Talaq-e-biddat'. 
 

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