Anti-triple talaq law on anvil

The Centre is all set to bring in a Bill in the Winter Session of Parliament to end the practice of triple talaq. It has set up a ministerial committee to draft the law, sources said on Tuesday.

The committee will propose a suitable legislation or amend existing penal provisions, which would make instantaneous triple talaq an offence.

As the law stands today, a victim of ‘talaq-e-biddat’ or instant triple talaq has no option but to approach police for redressal of her grievance as the Muslim clergy is of little assistance to her. Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law.

In August, the Supreme Court had struck down the controversial Islamic practice of instant divorce or ‘talaq- e-biddat’ as arbitrary and unconstitutional. But there have been reports of a number of divorces by way of ‘talaq-e-biddat’ even after the judgment. This could be because of lack of awareness and the absence of deterrent punishment.

Chief Justice of India JS Khehar and Justice Abdul Nazeer, part of the Bench comprising five judges, had observed that there should be a law to prevent triple talaq. Other three Judges Justices Kurien Joseph, Rohinton Nariman and UU Lalit had unanimously banned the practice of instant triple talaq.

Soon after the SC judgement, the Government said that a law on triple talaq might not be necessary as the order was now the law of the land. They felt that the provisions of the Indian Penal Code were sufficient to deal with cases when aggrieved women approached police.

Despite advisories being issued to the members of the community against the archaic practice, there seemed to be no decline in the cases of divorce by ‘talaq-e-biddat’. In a recent case of ‘talaq-e-biddat’, a professor at Aligarh Muslim University divorced his wife through WhatsApp and SMS.

“In order to make implementation of the apex court verdict effective, the Government is taking the matter forward and is considering bringing in a suitable legislation or amending existing penal provisions, which shall make instantaneous triple talaq an offence.

“It could also be because of lack of deterrent punishment for the act of ‘talaq-e-biddat’. In spite of advisories to the members of the community against this archaic practice, there seems to be no decline in the practice of divorce by talaq-e-biddat,” said a senior law officer explaining the objectives and need for the law.

The call for reforms in the Muslim personal law had arisen from the Muslim community itself. The All India Muslim Personal Law Board (AIMPLB) had contended that on matters of religious practice, such as ‘talaq-e-biddat’, it is for the legislature to make law, and not the court to intervene.

“Government’s endeavour to introduce a suitable legislation/ amending existing penal provisions will be a step forward to this end,” sources said.