The Union Cabinet on Friday approved a Bill that makes instant triple talaq or t alaq-e-biddat a criminal offence and a Muslim husband resorting to instant talaq can be jailed for up to three years.
The government intends to introduce the Bill in the winter session of Parliament that got under way on Friday. “I cannot discuss details of the Bill. All I can say is that it aims to provide a shield to the helpless victims of triple talaq,”said Law Minister Ravi Shankar Prasad.
Last month, the Law Ministry had written to all the States for their comments and asked them to revert urgently.
“Many States have supported the Bill,” said the Law Minister, without indicating if any Opposition-ruled State disapproved of the move.
The proposed Muslim Women Protection of Rights on Marriage Bill will deal with complaints against instant triple talaq across the country, except Jammu and Kashmir.
The issue of ending instant triple talaq was part of the BJP’s political campaign in the Uttar Pradesh elections and on Friday Prime Minister Narendra Modi is said to have told his colleagues that it was a ‘historic move’ to ensure gender justice.
The Congress said it supports progressive laws that stop practices like instant triple talaq but would comment on the proposed Bill only after the contents are made public.
Subsistence allowance
As per provisions of the draft Bill, earlier reported by The Hindu, a husband who resorts to instant triple talaq can be fined or face a jail term of up to three years.
Instant triple talaq in any form — oral, written or electronic form — has been banned and made a cognisable offence. The Bill also provides for a subsistence allowance of a harassed Muslim woman and her dependent children and the custodial rights of minor children. In August, the SC had passed a landmark judgment terming instant triple talaq “llegal and unconstitutional.”
However, government sources say data suggests even after the judgement, there have been 66 cases of instant divorce until November. And before the judgment, there were 177 cases with Uttar Pradesh and Bihar recording the maximum number of cases.
Prime Minister Modi had set up an inter-ministerial group to examine the issue after the Supreme Court judgment and it included top Ministers such as Arun Jaitley (Finance), Rajnath Singh (Home), Sushma Swaraj (External Affairs), Ravi Shankar Prasad (Law), his deputy P.P. Chaudhary and the junior Minister in the Prime Minister’s Office Dr. Jitender Singh.
Landmark judgement
In August last, the Supreme Court passed a landmark judgement calling instant triple talaq as illegal and unconstitutional. However, government sources say, data suggests that even after the judgement, there have been 67 cases of instant divorce. Before the judgement, there were 177 cases of instant divorces, with Uttar Pradesh and Bihar recording the maximum number of cases.
Post the Supreme Court verdict, Prime Minister Narendra Modi set up a group of ministers comprising Finance Minister Arun Jaitley, Home Minister Rajnath Singh, External Affairs Minister Sushma Swaraj and Law Minister Ravi Shankar Prasad.
The issue of ending instant divorce was part of the BJP's political campaign in the Uttar Pradesh elections and the party believes it paid dividends among the Muslim women who have been victims.
