A bill seeking to criminalise instant triple talaq among Muslims and providing for a three-year jail term was cleared by the Union cabinet on Friday. Government said the Muslim Women Protection of Rights on Marriage Bill was aimed at protecting the dignity and security of women in the community.
Major highlights of the bill
♦ The new bill was introduced as the practice of talaq-e- biddat or instant triple talaq still continued despite a Supreme Court order striking down the practice.
♦ Instant triple talaq will attract a jail term of three years for the husband.
♦ The husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case.
♦ The law gives power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.
♦ The woman, who has been given triple talaq, can 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 illegal and void.
♦ As per the law, instant triple talaq would be a non-bailable, cognisable offence.
♦ The proposed law would be applicable to the entire country except Jammu and Kashmir.
♦ The bill is expected to be introduced during the winter session of Parliament that commenced on Friday.
♦ As of now, the draft law is prospective in nature. But if Parliament feels, it can be implemented retrospectively once it is passed. It will allow women, who have been given triple talaq before the proposed law comes into force, to seek custody of minor children and subsistence allowance.
Why the law
A government official told news agency PTI that the practice was found continuing despite the Supreme Court order prompting the Centre to introduce a law. Provisions of the Domestic Violence Act were found to be of little help in such cases even as the government and the Prime Minister's Office were receiving complaints from women. As of now, even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law.
What the SC had said
On August 22, a five-judge constitution bench of the Supreme Court by 3:2 majority struck down triple talaq practice as unconstitutional. The top court ruling held the practice to be “violative of the fundamental right under Article 14 (equality before law) of the Constitution of India”.
