Govt proposes three-year jail term for instant Talaq, Bill may be introduced in winter session
ET Bureau|
Updated: Dec 02, 2017, 01.06 AM IST
NEW DELHI: A legislation to impose three years’ imprisonment to those who indulge in instant triple talaq (talaq-ebiddat) is likely to be introduced in the forthcoming winter session of Parliament.
The Muslim Women Protection of Rights in Marriage Act is meant to ensure Muslim men do not indulge in instant triple talaq, declared illegal by the Supreme Court recently.
The bill also envisages a provision for the aggrieved wife to seek subsistence allowance and custody of her minor children by moving the court. The bill will make instant talaq, proclaimed verbally, through writing or electronic form, illegal and void.
The law drafted by the law ministry will make grant of instant talaq a cognisable and a non-bailable offence, according to a government insider. Any aggrieved Muslim women would be entitled to approach a magistrate court to seek redress. The Centre has also sought the opinion of all state governments on the subject.
“Issues of marriage and divorce are in the Concurrent List. There was no legal obligation on the government, yet it was deemed fit to reach out to state governments to seek their opinions on the issue,” said a senior government official on condition of anonymity.
According to official data some Muslim men have committed instant talaq even after the Supreme Court declared it illegal. “There were 177 reported cases of triple talaq before the Supreme Court verdict.
Even after the verdict, 67 cases of instant talaq were reported. The majority of such cases were in Uttar Pradesh,” said another senior government official.
“Parliament, by way of an amendment can even chose to make the new law applicable with retrospective effect,” the official added. The law will, however, be not applicable in Jammu and Kashmir. “The UPA government had never filed a response in the Supreme Court on the subject,” a senior official said.
The Muslim Women Protection of Rights in Marriage Act is meant to ensure Muslim men do not indulge in instant triple talaq, declared illegal by the Supreme Court recently.
The bill also envisages a provision for the aggrieved wife to seek subsistence allowance and custody of her minor children by moving the court. The bill will make instant talaq, proclaimed verbally, through writing or electronic form, illegal and void.
The law drafted by the law ministry will make grant of instant talaq a cognisable and a non-bailable offence, according to a government insider. Any aggrieved Muslim women would be entitled to approach a magistrate court to seek redress. The Centre has also sought the opinion of all state governments on the subject.
“Issues of marriage and divorce are in the Concurrent List. There was no legal obligation on the government, yet it was deemed fit to reach out to state governments to seek their opinions on the issue,” said a senior government official on condition of anonymity.
According to official data some Muslim men have committed instant talaq even after the Supreme Court declared it illegal. “There were 177 reported cases of triple talaq before the Supreme Court verdict.
Even after the verdict, 67 cases of instant talaq were reported. The majority of such cases were in Uttar Pradesh,” said another senior government official.
“Parliament, by way of an amendment can even chose to make the new law applicable with retrospective effect,” the official added. The law will, however, be not applicable in Jammu and Kashmir. “The UPA government had never filed a response in the Supreme Court on the subject,” a senior official said.
