Press Esc to close

Draft law moots 3-yr jail for Triple Talaq

Press Trust of India, New Delhi, Dec 2 2017, 1:48 IST

Giving instant triple talaq will be illegal and void and will attract a jail term of three years for the husband, according to a draft law aimed to curb the practice which continues despite the Supreme Court striking it down.

The draft 'Muslim Women Protection of Rights on Marriage Bill' was sent to the state governments today for their views, a senior government functionary said. They have been asked to respond to the draft urgently, he said.

The draft was prepared by an inter-minister group headed by Home Minister Rajnath Singh. The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry P P Chaudhary.

The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.

The woman can also 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 bad or illegal and void.

"The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house she should have legal protection," the functionary said.

According to the draft law, which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. It would be a non-bailable, cognisable offence.

The functionary pointed out that after the Supreme Court order, the government was of the view that the practice would end. "But it continues. There have been 177 reported cases of instant talaq before the judgement and 66 after the order this year... Uttar Pradesh tops the list. Hence, the government planned a law," he explained.

He said the 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.

The subjects of divorce and marriage come under the Concurrent list of the Constitution and Parliament is free to pass laws on it in emergencies. But going by the recommendations of the Sarkaria Commission, the government decided to consult states.

"The plan is to bring it in the winter session of Parliament," the functionary said.

As of now, the draft law is prospective in nature. But if Parliament feels, it can be implemented retrospectively once it is passed and gets the President's nod, he said.

Perhaps women who have been given triple talaq before the proposed law comes into force can also seek custody of minor children and subsistence allowance using its provisions, another official said.

Once the views of the states are received, the law ministry would move Cabinet with the proposal.

As the law stands today, a victim of 'talaq-e-biddat' or instant triple talaq would have no option but to approach the police for redressal of her grievance as a Muslim clergy would be of no assistance to her.

Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law, they explained.

In August, the Supreme Court struck down the controversial Islamic practice of instant divorce or 'talaq- e-biddat' as arbitrary and unconstitutional.

But there have been reports of a number of divorces by way of 'talaq-e-biddat' even after the judgement, the functionaries said.

Despite advisories being issued to the members of the community against the archaic practice, there seemed to be no decline in the cases of divorce by 'talaq-e-biddat', they claimed.

In a recent case of 'talaq-e-biddat', a man working with a leading educational institution divorced his wife through WhatsApp and SMS, the functionary said quoting media reports.

Go to Top

Most trending stories
Photo Gallery
Prime Minister Narendra Modi greets a gathering during 'Rally for Change' at Jawaharlal Nehru...

Prime Minister Narendra Modi greets a gathering during 'Rally for Change' at Jawaharlal Nehru...

Rahul Gandhi, newly elected president of India's main opposition Congress party, kisses the...

Rahul Gandhi, newly elected president of India's main opposition Congress party, kisses the...

A performer poses during celebrations after Rahul Gandhi, newly elected president of India's main...

A performer poses during celebrations after Rahul Gandhi, newly elected president of India's main...

Defence Minister Nirmala Sitharaman, Army Chief General Bipin Rawat, Chief of Naval Staff Admiral...

Defence Minister Nirmala Sitharaman, Army Chief General Bipin Rawat, Chief of Naval Staff Admiral...

Army and Air Force jawans pay homage to the martyrs of Indo-Pakistani War of 1971, on the...

Army and Air Force jawans pay homage to the martyrs of Indo-Pakistani War of 1971, on the...

Women take part in a bike rally to commemorate the Vijay Diwas celebrations in Karad, Maharashtra...

Women take part in a bike rally to commemorate the Vijay Diwas celebrations in Karad, Maharashtra...

Polling staff check EVM one day ahead of the Amritsar Municipal Corporation elections, in...

Polling staff check EVM one day ahead of the Amritsar Municipal Corporation elections, in...

Umarte Sau Crore Abhiyan Bihar members with eunuchs at a candle light march during a protest...

Umarte Sau Crore Abhiyan Bihar members with eunuchs at a candle light march during a protest...

Indian Air Force's 'Akash Ganga' sky diving team members perform during an air show on the...

Indian Air Force's 'Akash Ganga' sky diving team members perform during an air show on the...

The new Stoos Bahn, which claims to be the steepest funicular railway in the world, stands on its...

The new Stoos Bahn, which claims to be the steepest funicular railway in the world, stands on its...

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523
Powered by Yodasoft Technologies Pvt. Ltd.