Triple talaq: Why Modi govt wants this law and what Muslim Women Protection Bill says
The Narendra Modi government has justified bringing a law that criminalises instant triple talaq saying that the illegal practice has continued despite the Supreme Court ruling against it.
Prabhash K Dutta
New Delhi, December 28, 2017 | UPDATED 13:27 IST
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Triple Talaq Bill
HIGHLIGHTS
1Instant triple talaq was declared illegal in August.
2Triple talaq Bill criminalises talaq-e-biddat.
3Violators may invite jail term upto three years.
After a long drawn legal battle, the Supreme Court declared in August this year, by a majority of 3:2, divorce through instant triple talaq among Muslims as "void", "illegal" and "unconstitutional".
Four months later, the Narendra Modi government is ready with a Bill that criminalises instant triple talaq. Many critics of the government have raised question as to what is the need for a enacting separate law to ban a practice that has been declared void, illegal and unconstitutional.
The Narendra Modi government has drafted the Muslim Women Protection of Rights on Marriage Bill saying it is putting into effect the Supreme Court ruling on instant triple talaq. In the August ruling, the minority judgment, too, held instant triple talaq against Islamic belief but said that Parliament should bring legislation in this regard.
WHY MODI GOVERNMENT WANTS TRIPLE TALAQ LAW
In the statement of objects and reasons, the triple talaq Bill refers to the Shayara Bano versus Union of India case, the proposed law states, "In spite of the Supreme Court setting aside talaq-e-biddat (instant triple talaq), and the assurance of the AIMPLB (All India Muslim Personal Law Board), there have been reports of divorce by way of talaq-e-biddat 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," the Bill says building the context for the proposed law.
The Ministry of Law and Justice, which has drafted the Bill further states in the draft law that "to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary."
WHAT TRIPLE TALAQ BILL SAYS
Named as the Muslim Women (Protection of Rights on Marriage) Bill 2017, the proposed law states, "Any pronouncement of talaq by a person upon his wife, by words, either spoken, written or in electronic form or in any other manner whatsoever, shall be void and illegal."
The triple talaq Bill provides for imprisonment of up to three years for violating the law. "Whoever pronounces talaq...upon his wife shall be punished with imprisonment for a term which may extend to three years and fine," the Bill reads.
The divorced woman, according to the triple talaq Bill, is entitled to "receive from her husband such amount of subsistence allowance for her and dependent children."
The triple talaq Bill also makes the divorced woman custodian of minor children. The Bill also makes pronouncement of instant triple talaq a non-bailable offence under the Code of Criminal Procedure.
The Muslim Women (Protection of Rights on Marriage) Bill 2017 can be read here.
The Narendra Modi government has justified bringing a law that criminalises instant triple talaq saying that the illegal practice has continued despite the Supreme Court ruling against it.
Prabhash K Dutta
New Delhi, December 28, 2017 | UPDATED 13:27 IST
A +A -
Triple Talaq Bill
HIGHLIGHTS
1Instant triple talaq was declared illegal in August.
2Triple talaq Bill criminalises talaq-e-biddat.
3Violators may invite jail term upto three years.
After a long drawn legal battle, the Supreme Court declared in August this year, by a majority of 3:2, divorce through instant triple talaq among Muslims as "void", "illegal" and "unconstitutional".
Four months later, the Narendra Modi government is ready with a Bill that criminalises instant triple talaq. Many critics of the government have raised question as to what is the need for a enacting separate law to ban a practice that has been declared void, illegal and unconstitutional.
The Narendra Modi government has drafted the Muslim Women Protection of Rights on Marriage Bill saying it is putting into effect the Supreme Court ruling on instant triple talaq. In the August ruling, the minority judgment, too, held instant triple talaq against Islamic belief but said that Parliament should bring legislation in this regard.
WHY MODI GOVERNMENT WANTS TRIPLE TALAQ LAW
In the statement of objects and reasons, the triple talaq Bill refers to the Shayara Bano versus Union of India case, the proposed law states, "In spite of the Supreme Court setting aside talaq-e-biddat (instant triple talaq), and the assurance of the AIMPLB (All India Muslim Personal Law Board), there have been reports of divorce by way of talaq-e-biddat 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," the Bill says building the context for the proposed law.
The Ministry of Law and Justice, which has drafted the Bill further states in the draft law that "to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary."
WHAT TRIPLE TALAQ BILL SAYS
Named as the Muslim Women (Protection of Rights on Marriage) Bill 2017, the proposed law states, "Any pronouncement of talaq by a person upon his wife, by words, either spoken, written or in electronic form or in any other manner whatsoever, shall be void and illegal."
The triple talaq Bill provides for imprisonment of up to three years for violating the law. "Whoever pronounces talaq...upon his wife shall be punished with imprisonment for a term which may extend to three years and fine," the Bill reads.
The divorced woman, according to the triple talaq Bill, is entitled to "receive from her husband such amount of subsistence allowance for her and dependent children."
The triple talaq Bill also makes the divorced woman custodian of minor children. The Bill also makes pronouncement of instant triple talaq a non-bailable offence under the Code of Criminal Procedure.
The Muslim Women (Protection of Rights on Marriage) Bill 2017 can be read here.
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