Draft law moots 3-yr jail for Triple Talaq

Instant triple talaq: Govt's draft law can send husband to jail for 3 years

Draft law moots 3-yr jail for Triple Talaq

Officials said the Indian government was likely to bring in a legislation in the winter session of Parliament, which would not only make triple talaq illegal and void, but also entail a jail term of three years for the Muslim husband.

Talaq-e-biddat is a custom under Muslim personal law that allows a man to divorce his wife by uttering the word "talaq" thrice.

After the Central Government in its statement in November said that it was contemplating to make instant-triple talaq (divorce practiced by Muslims) a punishable offence.

The bill proposes a sustenance allowance for the victims of instant triple talaq- it will also include provisions for custodial rights. Any aggrieved Muslim women would be entitled to approach a magistrate court to seek redress.

The offence will be cognisable and non-bailable. The draft law was finalised by a Group of Ministers comprising Home minister Rajnath Singh, External Affairs minister Sushma Swaraj, Finance Arun Jaitley and Law minister Ravi Shankar Prasad.

"Under the draft law, triple talaq in any form - spoken, written or by electronic means like email or SMSes will be illegal".

As many as 68 cases of instant triple talaq were recorded after the Supreme Court ban on the divorce practise. Once the views of the states are received, the law ministry would move Cabinet with the proposal. "The majority of such cases were in Uttar Pradesh", said another senior government official.

The Bill, once enacted into a law by Parliament, will apply to all Indian states with the exception of the Muslim-majority Jammu and Kashmir since the northern state enjoys autonomy under the Indian Constitution on drafting its own laws. These, however, are figures of instant triple talaq cases that are reported and the actual number of such incidents could actually be much higher.

In August, the Supreme Court struck down the controversial Islamic practice of instant divorce or "talaq- e-biddat" as arbitrary and unconstitutional.

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