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The Supreme Court of India declared the practice of Triple Talaq as unconstitutional in August 2017. Last year, the Lok Sabha had passed a Triple Talaq Bill criminalizing the practice of Triple Talaq. As per the provisions of that Bill, anyone could complain about the criminalized practice, and the same is a non-bailable and non-compoundable offence. The Bill could not assume the force of law because the Rajya Sabha blocked it in the monsoon session. Subsequently, the Union Government brought an Ordinance in September 2018 to solve this issue.
Therefore, the Union Law Minister Ravi Shankar Prasad on December 17, 2018, pushed for the passage Muslim (Protection of Rights on Marriage) Bill, 2018, or in other words, Triple Talaq Bil to replace the Ordinance. The Bill criminalizes the practice of Triple Talaq. The Bill defines Talaq as “talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband”. The prohibition extends to the pronunciation of talaq in written or electronic form, and the imprisonment for the said offence is for a term which may extend up to 3 years with fine.
A case of triple talaq would be taken cognizance only if the victim wife herself or any blood relative reports about the offence. Unlike the previous bill, the bill makes the offence compoundable and bailable at the behest of the victim wife on such terms and conditions which the magistrate may deem fit. The custody of the minor child would be of its mother, and maintenance would be determined by the magistrate.
The opposition raised objections against the bill. The members of the parliament intensely debated, and N K Premachandran, an MP from Revolutionary Socialist Party, moved a resolution stating that a civil wrong has been criminalised. Asaduddin Owaisi, AIMIM MP, sought to exclude the criminal provisions in the bill citing the Supreme Court Judgements on decriminalization of Homosexuality and Adultery. Congress MP MalikarjunKharge also opposed the bill stating that it violated the Muslim Personal Law. He also alleged that the government is politicising the issue, and demanded the bill be referred to Joint Parliamentary Committee.
However, Union Law Minister said the triple talaq cases are rampant. As there were 477 cases last year, it is imperative to bring legislation. Adding to his points, he said if he dowry can be made punishable, triple talaq can also be made punishable. AIADMK and Trinamool Congress members walked out, and the Union Government declined the demand of the opposition members and passed the Bill. Now the Bill should be passed in the Rajya Sabha to become legislation.
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