Bill Criminalising Instant Triple Talaq To Be Tabled Next Week

The bill on triple talaq is likely to be tabled in the winter session of the Parliament.

(Photo: Lijumol Joseph/The Quint)

The 'Muslim Women Protection of Rights on Marriage Bill', which seeks to criminalise the practice of instant triple talaq, will soon be listed for introduction in the Lok Sabha.

The Bill, prepared by an inter-ministerial group headed by Home Minister Rajnath Singh, makes giving instant triple talaq "illegal and void" and awards a jail term of three years for the accused. The Union Cabinet cleared the bill on 15 December.

Though the bill was listed in the Lok Sabha’s agenda papers for Friday, 22 December, Parliamentary Affairs Minister Ananth Kumar said the bill would come up for introduction and be tabled next week.

The draft law proposes a three-year jail term for men found guilty of committing instant triple talaq, or ‘talaq-e-bidat’. If it becomes a law, 'talaq-e-bidat’ or instant triple talaq will be a non-bailable, cognisable offence.

The draft law also proposes maintenance and compensatory rights for the woman.

It was prepared by an inter-ministerial group, headed by Home Minister Rajnath Singh. The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry PP Chaudhary.

But Didn’t the SC Already Ban Triple Talaq?

Triple talaq is a practice in which Muslim men are permitted to divorce their wives only by uttering the word ‘talaq’ (divorce) thrice.

In a landmark judgment, a Constitution Bench of the Supreme Court, on 22 August, had declared the practice unconstitutional. A five-judge bench of former Chief Justice of India JS Khehar, Kurian Joseph, Rohinton Fali Norman, Uday Umesh Lalit and Abdul Nazeer struck down the practice on the grounds that it goes against the Shariat and the basic tenets of the Quran.

At the forefront of those who fought triple talaq was 36-year-old Shayara Bano. Shayara was among those who challenged the tradition in the Supreme Court. In October 2015, Shayara’s husband had divorced her through a mere letter that contained the words “talaq talaq talaq.” When she spoke to a local cleric about the letter, Shayara was told that the talaq was valid.

In February the following year, Shayara filed a petition against triple talaq, nikah halala and polygamy in the apex court. It was based on her petition that the Centre had first filed an affidavit against triple talaq.

Reactions to the Cabinet's Decision

Several responses have poured into the Cabinet’s decision. Television channel Times Now quoted National Commission for Women chief, Rekha Sharma as saying:

<p>Happy that cabinet has approved this bill. Many Muslim women who suffered because of Triple Talaq will be saved.</p>

Congress’ Tehseen Poonawalla also took to Twitter to congratulate the apex court and government.

AIMIM chief Asaduddin Owaisi reportedly wrote to Law Minister RS Prasad saying that the bill is politicised and it "demonises Muslims".

(This story has been updated)