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Didn't consult Muslim bodies before drafting triple talaq bill: PP Chaudhary

According to the list of businesses, Prasad is set to introduce The Muslim Women (Protection of Rights on Marriage) Bill in the Lok Sabha.

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Supreme Court had struck down the practice of instant triple talaq by a 3:2 majority in August —photo for representation
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A day before the bill banning triple talaq is going to be tabled in Parliament, Minister of State for Law and Justice PP Chaudhary, admitted that Muslim groups were not consulted before drafting the bill.

Chaudhary's admission comes days after the All India Muslim Personal Law Board (AIMPLB) opposed the bill. "The terms set out in the proposed bill not only encroach upon the constitutional guarantees granted to religious minorities, but are also against the very essence of the verdict delivered by the Supreme Court on August 22, 2017 in instant triple divorce matter," AIMPLB spokesman Maulana Sajjad Nomani said after an emergency meeting on the issue in Lucknow earlier this week.

Responding to a question in Parliament, Union Law Minister Ravi Shankar Prasad admitted that so far 66 cases against instant triple talaq have been reported since the practice was struck down.

According to the list of businesses, Prasad is set to introduce The Muslim Women (Protection of Rights on Marriage) Bill in the Lok Sabha.

The Muslim Women (Protection of Rights on Marriage) Bill 2017, that was drafted in record time since the Supreme Court struck it down by a 3:2 majority in August, has come under fire from the Opposition and various women's rights groups.

The law proposes to empower the victim to approach a magistrate seeking 'subsistence allowance' for herself and her minor children. An aggrieved woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

This law is a non-bailable, cognisable offence and applicable to the entire country except Jammu and Kashmir.

The bill seeks to criminalise instant triple talaq by imposing a prison term of up to three years and fine on husbands who violate the law. The proposed law is only applicable to talaq-e-biddat' or the instant triple talaq through any means — spoken, in writing or by electronic means such as email, SMS and WhatsApp.

In August, a five-judge Constitution Bench of the Supreme Court had struck down the practice of instant triple talaq in a 3:2 judgment. While three of the judges declared the practice unconstitutional, two judges wanted the practice banned for six months till the government came up with a new legislation. The draft bill -- penned by an interministerial committee was released in record time on December 1.

Union Home Minister Rajnath Singh headed the interministerial committee that prepared the draft. External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and ministry of state P P Chaudhary were on the panel that helped draft the law. However, the women and child development ministry, which drafted the Centre's affidavit in the matter along with interministerial consultations with the PMO, finance minister Arun Jaitley, home minister Rajnath Singh and law minister Ravi Shankar Prasad, said that they were not approached to be part of the committee.

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