Talaq 'to be' a punishable offence in India

Triple talaq worse than murder BJP minister Giriraj Singh

Triple talaq worse than murder BJP minister Giriraj Singh

The Narendra Modi Cabinet has approved a bill making instant triple talaq illegal, months after the Supreme Court declared the practice of instant divorce "void, illegal and unconstitutional".

Calling the Muslim Women Protection of Rights on Marriage Bill "very important", a senior government official told The New Indian Express that the proposed law was "certainly the government's priority and would get preference over many other bills".

The draft law was formulated by a team comprising Rajnath Singh, Sushma Swaraj, Arun Jaitley, Ravi Shankar Prasad and PP 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 Law Minister added.

The government is hopeful that the bill will be passed in the winter session itself, though it expects some rough weather during its passage.

Stating that Muslim women already had a right to seek maintenance from their husbands by virtue of Section 125 of the Code of Criminal Procedure (CrPC), he said when a legislation is made without accounting for awareness to the socio-culture context, it can have potentially disastrous consequences.

It holds triple talaq in any form-verbal, written or send through electronic means such as an SMS or email - as "illegal and void". Furthermore, since such talaq will not be considered legally valid, a Muslim husband will continue to be bound by legal obligations to his wife.

The Supreme Court referred to the fact that several Islamic countries like Pakistan do not allow triple talaq; judges questioned why it should not be abolished in India.

Launching a scathing attack, firebrand leader Owaisi wrote the bill could end up a tool in the hands of law enforcement to discriminatory detention and arrest of Muslims.

It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.

Recommended News

We are pleased to provide this opportunity to share information, experiences and observations about what's in the news.
Some of the comments may be reprinted elsewhere in the site or in the newspaper.
Thank you for taking the time to offer your thoughts.