September 21, 2018
The Union Cabinet has approved the Ordinance criminalizing Triple Talaq in India. Minister of Law and Justice, Shri Ravi Shankar Prasad affirmed the same in an official statement.
Key Features of the 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.