Lok Sabha Passes Bill Criminalizing Triple Talaq - (28 Dec 2017)

Civil

The Minister of Law and Justice, Mr. Ravi Shankar Prasad tabled The Muslim Women (Protection of Rights on Marriage) Bill, 2017 in Lok Sabha. The bill would protect the rights of married Muslim women and prohibit divorce by pronouncing talaq by their husbands. The bill would extend to the whole of India except the State of Jammu and Kashmir. "Talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband. 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. Whoever pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.

A married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate. Further, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

The Supreme Court, earlier, invalidated the triple talaq practice by calling it arbitrary and unconstitutional. Calling it a historic step, Union Law Minister Ravi Shankar Prasad said the Bill — The Muslim Women (Protection of Rights on Marriage) Bill 2017 — will act as a deterrent since there have been 100 cases of triple talaq even after the landmark judgment of the Supreme Court delivered in August this year. He said that while 22 Islamic countries, including Pakistan and Bangladesh, had regulated instant triple talaq, there was no effective law in India. The law would protect married muslim women from the practice of triple talaq prevalent in Muslim religion.

Tags : TRIPLE TALAQ BILL COGNIZABLE OFFENCE