A bill
seeking to criminalize the practice of instant triple talaq among
Muslims is set to be introduced in the Lok Sabha on Thursday Dec 28,2017
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, is listed for introduction in the Lok Sabha by law minister Ravi Shankar Prasad on 28 December, according to the list of business in the Lower House.
The bill, prepared by an inter-ministerial group headed by home minister Rajnath Singh, makes instant triple talaq or talaq-e-bidat in any form—spoken, in writing or by electronic means such as email, SMS and WhatsApp—“illegal and void” and provides for a jail term of three years for the husband.
The bill was cleared by the Union cabinet earlier this month.
It was listed for introduction last week, but parliamentary affairs minister Ananth Kumar later told reporters that it would be introduced this week.
As per the provisions of the bill, the husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case.
The Bill is being introduced as the practice still continued despite the Supreme Court striking down ‘talaq-e-bidat’
The proposed law would only be applicable to instant triple talaq and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children.
The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
The Muslim Women (Protection of Rights of Marriage) Bill, 2017 provides for:
— Under proposed bill, a Muslim man who resorts to Talaq-e-Biddat or instant talaq would be jailed for three years
— The custody of any minor children from the marriage would be granted to the affected woman
— The makes instant divorce a non-bailable offence which can lead to an imprisonment of up to three years upon conviction.
— It also makes it mandatory for the husband to pay maintenance to his wife and child support towards any children.
Note
The Supreme Court of India (SCI)on August 22,2017 declared the practice of instant triple talaq unconstitutional in a 3-2 majority verdict.
Justices Kurian Joseph, Rohinton F. Nariman and U.U. Lalit ruled for scrapping the practice; the minority judgement by then chief justice J.S. Khehar and justice S. Abdul Nazeer upheld the validity of the practice and wanted Parliament to bring in legislation governing Muslim marriages and divorce within six months.
Soon after the SCI’s ruling, the government set up a ministerial panel to frame the legislation.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, is listed for introduction in the Lok Sabha by law minister Ravi Shankar Prasad on 28 December, according to the list of business in the Lower House.
The bill, prepared by an inter-ministerial group headed by home minister Rajnath Singh, makes instant triple talaq or talaq-e-bidat in any form—spoken, in writing or by electronic means such as email, SMS and WhatsApp—“illegal and void” and provides for a jail term of three years for the husband.
The bill was cleared by the Union cabinet earlier this month.
It was listed for introduction last week, but parliamentary affairs minister Ananth Kumar later told reporters that it would be introduced this week.
As per the provisions of the bill, the husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case.
The Bill is being introduced as the practice still continued despite the Supreme Court striking down ‘talaq-e-bidat’
The proposed law would only be applicable to instant triple talaq and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children.
The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
The Muslim Women (Protection of Rights of Marriage) Bill, 2017 provides for:
— Under proposed bill, a Muslim man who resorts to Talaq-e-Biddat or instant talaq would be jailed for three years
— The custody of any minor children from the marriage would be granted to the affected woman
— It also makes it mandatory for the husband to pay maintenance to his wife and child support towards any children.
Note
The Supreme Court of India (SCI)on August 22,2017 declared the practice of instant triple talaq unconstitutional in a 3-2 majority verdict.
Justices Kurian Joseph, Rohinton F. Nariman and U.U. Lalit ruled for scrapping the practice; the minority judgement by then chief justice J.S. Khehar and justice S. Abdul Nazeer upheld the validity of the practice and wanted Parliament to bring in legislation governing Muslim marriages and divorce within six months.
Soon after the SCI’s ruling, the government set up a ministerial panel to frame the legislation.
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