Modi Government clears Triple Talaq bill instantly

16 December, 2017, 18:52 | Author: Jason Torres
  • Triple talaq

The Muslim Women (Protection of Rights on Marriage) Bill, 2017, popularly known as the Triple Talaq Bill, seeks to give women the right to approach a magistrate to seek maintenance and make the practice of triple talaq a crime. The draft law was prepared by an inter-ministerial group led by home minister Rajnath Singh, which includes members like external affairs minister Sushma Swaraj, finance minister Arun Jaitley, law minister Ravi Shankar Prasad and his junior in the ministry P P Chaudhary. Reports suggest the Bill not only seeks to criminalize instant triple talaq, but also proposes to provide compensation for the affected women and their children.

The Supreme Court, in its verdict on instant triple talaq, had banned the practice.

The bill will be tabled in the Parliament three months after the Supreme Court judgment pronouncing triple talaq as unconstitutional and void, and asking the government to bring in a law to curb the practice.

Under the draft law, triple talaq in any form -spoken, in writing or by electronic means like email, SMS and WhatsApp--would be illegal and void.

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"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.

In a 3-2 majority judgement, a five-Judge bench comprising Chief Justice of India JS Khehar, Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer held that "triple talaq" violated Articles 14 and 15 of Constitution.

Violators can get three-year jail term.

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. Many in the government and opposition have termed it as a progressive bill which fulfills the demands of basic human right for the Indian Muslim women.

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