The government is looking to bring a legislation to make Triple Talaq a criminal offence
The Modi government is planning a three year jail term with a fine for individuals giving instant triple talaq to their wives, according to the draft law. The government plans to introduce a bill in the Winter Session of the Parliament to make Triple Talaq a criminal offence. Supreme Court earlier in the year had declared Triple Talaq illegal, dubbing it unconstitutional in a split verdict.
The draft 'Muslim Women Protection of Rights on Marriage Bill' has been finalised by the Centre and has been sent to state governments for further consultation. All states, except Jammu and Kashmir will be part of the law once it is passed in both houses of the Parliament. As per the draft bill, triple talaq victims can seek custody of minor children and also claim for maintenance for self and dependable children. The government plans to bring a law making it criminal offence, because even after SC verdict there have been cases where Muslim women have been given Triple Talaq. The government hopes that the new law will be an effective deterrent to curb the social menace.
The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.
The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue. Under the draft law, triple talaq in any form -- spoken, in writing or by electronic means such as email, SMS and WhatsApp -- would be bad or illegal and void. "The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house she should have legal protection," a govt functionary said PTI.
On 23rd November, Union Ministers discussed details regarding the proposed triple talaq legislation. Chaired by Home Minister Rajnath Singh, the meeting discussed various issues related to the proposed bill, which is expected to ensure that the instantaneous way of divorce will be a punishable offence. External Affairs Minister Sushma Swaraj, Law Minister Ravi Shankar Prasad, Minister for Social Justice and Empowerment Thawar Chand Gehlot, Minister for Minorities Affairs Mukhtar Abbas Naqvi, Attorney General K K Venugopal besides others attended the meeting.
In August, the Supreme Court had struck down the controversial Islamic practice of instant divorce or 'talaq-e-biddat' as arbitrary and unconstitutional. But there have been reports of a number of divorces by way of 'talaq-e-biddat' even after the judgement.
With PTI inputs
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