Cabinet clears Triple Talaq Bill, three-year jail for violators

16 December, 2017, 05:58 | Author: Roderick Gutierrez
  • Indian govt clears Bill on instant 'triple talaq'

Union Cabinet has now cleared the Triple Talaq bill, according to which, it is now illegal for Muslim men or women won't be able to divorce their spouse by just saying "Talaq" three times. "In the absence of any genuine attempt at either holding broader consultations, the introduction of this legislation is essentially an attempt to demonise the Muslim community in the garb of "saving" and "protecting' Muslim women", Owaisi said in a strongly worded letter to Union law minister Ravi Shankar Prasad". The husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case.

Supreme Court took a revolutionary decision in August by announcing the practice unconstitutional, however, the lack of punitive actions allowed many to continue the instant divorce custom.

Under this new law, triple talaq in any form - spoken, in writing or by electronic means such as email, SMS or WhatsApp - would be banned.


The said woman can pursue to have the custody of her minor children and the magistrate would have the final word on the matter.

According to the draft "Muslim Women Protection of Rights on Marriage Bill", once instant talaq is declared a criminal offence, it will attract a jail term of three years for the husband.

Justice Khehar and Justice Nazeer also directed the government to frame legislation to regulate the practice of "triple talaq". She said that the government had assured that this has been factored in the Bill. Before the judgement, there were 177 cases of instant divorces, with Uttar Pradesh and Bihar recording the maximum number of cases. "Hence, the government planned a law", he explained. On September 7, the BMMA proposed a draft Bill-Muslim Family Law- on which it had worked for past nine years after seeking suggestions from over one lakh members, scholars, researchers and religious leaders.

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