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Government to move Ordinance for new law on triple talaq, 3-year jail term for guilty

As per the new legislation, a sentence of three years can be awarded to those who indulge in instant triple talaq (talaq-e-biddat).

, ET Bureau|
Updated: May 02, 2018, 01.36 PM IST
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The law drafted by the law ministry will make grant of instant talaq a cognisable and a non-bailable offence, according to a government insider.
The government has decided to take the Ordinance route to implement the new legislation on triple talaq.

Top government sources told ET that the government will move an Ordinance to introduce the new law made by the Modi government to punish those who indulge in the archaic and draconian instant talaq.

As per the new legislation, a sentence of three years can be awarded to those who indulge in instant triple talaq (talaq-e-biddat).

The Muslim Women Protection of Rights in Marriage Act is meant to ensure Muslim men do not indulge in instant triple talaq, declared illegal by a Supreme Court judgment recently.

The bill also envisages a provision for the aggrieved wife to seek subsistence allowance and custody of her minor children by moving the court. The bill will make instant talaq, proclaimed verbally, through writing or electronic form, illegal and void.

The law drafted by the law ministry will make grant of instant talaq a cognisable and a non-bailable offence, according to a government insider. Any aggrieved Muslim woman would be entitled to approach a magistrate court to seek redress.

The Centre had earlier also sought the opinion of all state governments on the subject. Majority of the state governments had supported the new legislation drafted by the Centre.

While the new legislation was cleared in the Lok Sabha, it is currently stuck in the upper house (Rajya Sabha).

The bill was cleared by the Lok Sabha through a voice vote but could not be passed in the Upper House due to a deadlock over the Opposition’s demand seeking its reference to a Select Committee for close scrutiny.

According to official data some Muslim men have committed instant talaq even after the Supreme Court had declared it illegal. “There were 177 reported cases of triple talaq before the Supreme Court verdict. Even after the verdict, 67 cases of instant talaq were reported. The majority of such cases were in Uttar Pradesh,” a senior government official had told ET.

Government had described the new legislation as a historic and progressive step.

The Supreme Court had declared the practice of instant talaq illegal in August. After complaints of instant talaq continuing even after the verdict, the Centre constituted a high-level committee comprising home minister Rajnath Singh, finance minister Arun Jaitley, law minister Ravi Shankar Prasad, minority affairs minister Mukhtar Abbas Naqvi and two ministers of state to suggest a remedy. The bill was a result of this measure.

Now, the government will move an Ordinance to make the new legislation a reality.

Also Read

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Man, accused of giving triple talaq, gets pre-arrest bail

BJP to reach out to Muslim women on Triple Talaq, Article 370

Supreme Court notice to Centre on plea challenging 'triple talaq'

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