NEW DELHI – On the first day of the Winter Session of Parliament, the Indian government cleared a bill that makes instant triple talaq or talaq-e-biddat a crime and provides for a jail term.
Last month, the Union government had written to all the States for their comments as it plans to introduce the Bill in the current session of Parliament.
This proposed Muslim Woman Protection of Rights on Marriage Bill will adjudicate all cases of instant triple talaq across the country except Jammu and Kashmir.
As per the provisions of the draft bill, a husband who resorts to instant triple talaq can be jailed up to three years and be fined.
Instant triple talaq in any form — oral, written or electronic form — has been banned and made a cognisable offence.
Subsistence allowance:
The bill also provides for a subsistence allowance of a harassed woman and her dependent children and the custodial rights of minor children.
In August last year, the Supreme Court passed a landmark judgement calling instant triple talaq illegal and unconstitutional. However, government sources say, data suggest that even after the judgement, there have been 67 cases of instant divorce. Before the judgement, there were 177 cases of instant divorces, with Uttar Pradesh and Bihar recording the maximum number of cases.
Post the Supreme Court verdict, Prime Minister Narendra Modi set up a group of ministers comprising Finance Minister Arun Jaitley, Home Minister Rajnath Singh, External Affairs Minister Sushma Swaraj and Law Minister Ravi Shankar Prasad.
The issue of ending instant divorce was part of the BJP’s political campaign in the Uttar Pradesh elections and the party believes it paid dividends among the Muslim women who have been victims.
