The Bill to the practice of triple talaq among Muslims a penal offence passed in Lok Sabha
Need for the bill
- Despite the SC judgement in August 2017 which has made the practice of talaq-e-biddat illegal in India and striking down the practice of talaq-e-biddat (instant triple talaq) as unconstitutional, men has been divorcing their wives through triple talaq.
- 201 cases of triple talaq were reported between the period of January 2017 and September 2018.
Key Features of the Bill
- The aim of the bill is to protect the rights of married Muslim women.
- According to the Bill, giving instant triple talaq or ‘talaq-e-biddat’ will be illegal and void and will attract a jail term of three years for the husband.
- The proposed law makes instant triple talaq a “non-bailable” offence. However, an accused can approach a magistrate even before trial to seek bail.
- Note: In a non-bailable offence, bail cannot be granted by police at the police station itself.
- A provision has been added to allow the magistrate to grant bail “after hearing the wife”.The magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill.
- The offence of instant triple talaq will be “compoundable”. Under a compoundable offence, both parties have the liberty of withdrawing the case.
- The proposed law would give power to the victim to approach a magistrate seeking “subsistence allowance” for her and her minor children
- A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
- Under the pretext of protecting women’s rights, the government is breaching the trust established with the minority community.
- Since Supreme Court has already banned the practice, so a law was not required and opposition also argue that a husband, if jailed, would not be able to pay for the victim’s (divorced wife’s) maintenance.
- No such laws exist in Hindu or Christian laws so targeting especially Muslim men are discriminatory practice.
- It is an attempt at creating a class-specific legislation on grounds of religion instead of focusing on the larger issues of mistreatment and dissertation of wife and dependents, which affect all communities.