August 10, 2018
Triple Talaq India – The Union Cabinet on Thursday approved incorporation of provision that the criminal complaint under Triple Talaq Bill i.e. The Muslim Women (Protection of Rights on Marriage) Bill, 2017 can be filed only by the victim i.e. wife or blood relations and that a Magistrate can grant bail with terms and conditions.
Triple Talaq India – New Incorporations In Triple Talaq Bill
Under the changes effected in the Bill, a Magistrate will have the power to grant bail and the victim woman can also approach the Magistrate for subsistence allowance for herself and her children. Additionally the Magistrate can also compound offence on arriving at appropriate terms.
In December last year, the Union Cabinet cleared the Triple Talaq Bill namely, the The Muslim Women (Protection of Rights on Marriage) Bill, 2017.
Key Features of the Triple Talaq India Bill
- The object of the Bill is to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.
- Declaration of Talaq to be Void and Illegal– Under this provision pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. It further envisages that whoever pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.
- Protection of Rights of Married Muslim Women – This provision enumerates that a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate. The Bill also enumerates that a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband. The offences under the Act are cognizable and non-bailable offences.
Supreme Court on Triple Talaq
Supreme Court’s landmark verdict on Triple Talaq was pronounced by Five-Judge Bench of the Supreme Court on August 22, 2017. The Supreme Court had set aside ‘talaq-e-biddat’ i.e. instant talaq by 3:2 majority. Some key observations by the Supreme Court in the case have been enumerated below:
- Court set aside the practice of instant talaq as unconstitutional and violative of Articles 14 and 21 of the Indian Constitution.
- Former CJI Justice Khehar observed that triple talaq was an integral part of Islam and hence was part of fundamental right enshrined in the Constitution. Justice Khehar’s observation was approved and supported by Justice Abdul Nazeer.
- Justice R F Nariman and Justice U U Lalit termed the practice of triple talaq as unconstitutional and Justice Kurian said that it was against the teachings of Quran.
- While pronouncing verdict CJI Khehar remarked that triple talaq was an integral part of Islam and hence fell within Article 25 of Constitution granting freedom of conscience and free profession, practice and propagation of religion.
- The Minority view by CJI Khekar and Justice Abdul Nazeer wanted to put the practice of triple talaq on hold and give Centre 6 months’ time to formulate a law.