Bill giving 3-year jail term for instant triple talaq in Lok Sabha soon
In a historic judgment on August 22, a five-judge bench of the Supreme Court struck down instant triple talaq as illegal.india Updated: Dec 21, 2017 07:23 IST
A proposed new law to ban instant triple talaq has been circulated among members of Parliament on Wednesday, indicating that the Narendra Modi government may table the bill in the Lok Sabha this week.
As reported by Hindustan Times on December 2, the Muslim Women (Protection of Rights on Marriage) Bill 2017 criminalises instant triple talaq, or talaq-e-biddat, and imposes a prison term of up to three years on husbands who violate the law.
It also makes a provision for alimony for the woman on whom instant triple talaq has been pronounced and grants her the custody of her children.
In a historic judgment on August 22, a five-judge bench of the Supreme Court struck down instant triple talaq as illegal.
Justifying the need for the bill, the Statement of Objects and Reasons of the legislation circulated among members of the house says, “The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.”
Clause 3 of the bill says “Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.”
The document says that in spite of the Supreme Court setting aside talaq-e-biddat, there have been reports of divorce by way of instant triple talaq from different parts of the country. “It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is therefore felt that there is a need for state action to give effect to the order of the Supreme Court and to address the grievances of victims of illegal divorce,” that statement says.
The government had set up a Group of Ministers to guide the law ministry on framing the provisions of the law. Sources said that after its introduction, the bill is likely to be sent to a parliamentary panel for further review.