A draft law released on Friday makes the use of instant triple talaq illegal, besides provisioning for up to three years in jail and a fine.
Earlier this year, a five-judge Constitution Bench had struck down the practice of instant triple talaq in a 3:2 judgment. The draft law was released today in a bid to deter the continued use of the practice in the Muslim community despite the top court's judgment.
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.
The draft 'Muslim Women Protection of Rights on Marriage Bill' was sent to state governments on Friday for their views, with responses sought on an urgent basis.
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 also on the panel. However, the women and child development ministry, which drafted the Centre's affidavit in the matter along with interministerial consultations said it was not approached to be part of the committee.
The new law empowers the victim to approach a magistrate seeking a '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 Centre is likely to table the bill during the winter session of parliament that is slated to begin next week.
PROVISIONS
- The draft bill — Muslim Women Protection on Rights on Marriage Bill — was sent to states for their views with responses sought on urgent basis.
- The bill empowers the victim to approach a magistrate seeking a ‘subsistence allowance’ for herself and her minor children.
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