The "triple talaq" bill provides for a jail term of three years for the husband
A bill that proposes to make instant "triple
talaq" a criminal offence will be introduced in the Lok Sabha on Thursday. In August, the Supreme Court said in a landmark ruling that the practice of Muslim men uttering "
talaq" three times for an instant divorce is unconstitutional.
The Muslim Women (Protection of Rights on Marriage) Bill is listed for introduction in the Lok Sabha by Law Minister Ravi Shankar Prasad on December 28, according to the list of business in the Lower House.
The bill, prepared by an inter-ministerial group headed by Home Minister Rajnath Singh, makes instant "triple
talaq" or
talaq-e-biddat in any form -- spoken, in writing or by electronic means such as email, SMS and WhatsApp -- "illegal and void" and
provides for a jail term of three years for the husband.It was
cleared by the union cabinet earlier this month.
The bill was listed for introduction last week, but Parliamentary Affairs Minister Ananth Kumar later told reporters that it would be introduced this week.
As per the provisions of the bill, the husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case.
The bill is being introduced as the practice still continued despite the Supreme Court striking down '
talaq-e-biddat'.
The proposed law would only be applicable to instant "triple
talaq" 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.