States' views sought on triple talaq law

Government to make Triple Talaq non-bailable offense

Government to make Triple Talaq non-bailable offense

"Under the draft law, triple talaq in any form - spoken, written or by electronic means like email or SMSes will be illegal". The draft law was finalised by a Group of Ministers comprising Home minister Rajnath Singh, External Affairs minister Sushma Swaraj, Finance Arun Jaitley and Law minister Ravi Shankar Prasad.

The Supreme Court ruling came after five women petitions the court, arguing the traditional practice violated their fundamental rights.

According to sources, a draft bill terming instant triple talaq or talaq-e-biddat, a criminal offence is ready and will be now sent to states for a review. "And now if the government frames a law, it will be the ultimate step to prevent men from abandoning their wives and ruining their lives", she added. Though marriage and divorce figure in the concurrent list, the Centre thought it proper, in view of the recommendations of the Sarkaria Commission, to consult the States, said a senior official. But going by the recommendations of the Sarkaria Commission, the government made a decision to consult states. But if Parliament feels, it can be implemented retrospectively once it is passed and gets the President's nod, he said.

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So far, in this calendar year the government had received 177 complaints from Muslim women victims of instant triple talaq.

Muslim Women (Protection of Rights on Marriage) Act - also allows a woman who has been given instant triple talaq to move court, seeking "subsistence allowance" for herself and dependent children, as well as custody of minor children.

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

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Even after the verdict, 67 cases of instant talaq were reported.

Once a law is in place, the Muslim clergy will have no role in cases of talaq-e-biddat and women can directly approach police for redressal.

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