08-12-2017 09:46 AM | Lathika Saju | My Indian Dream
Centre’s draft bill makes instant triple talaq a non-bailable offence
In August, the Supreme Court had nullified the instant triple talaq on the grounds that it is unconstitutional and in violation of Article 14 of the Constitution, which provides for equality before the law.
Subsequently, a draft - ‘Muslim Women Protection of Rights on Marriage Bill’ was prepared by an inter-ministerial group headed by Home Minister Rajnath Singh.The Centre sent the draft to the States and asked them to submit their views on it by December 10.
Uttar Pradesh has become the first state to send approval of the Centre’s draft bill that makes instant triple talaq a cognizable and non-bailable offence. The State government endorsed it at a Cabinet meeting chaired by Chief Minister Yogi Adityanath in Lucknow on Tuesday.
The draft law punishes any man who tries to divorce his wife by uttering “talaq” three times, with three-year imprisonment and a fine. According to an official, the proposed bill will be introduced in the winter session of the Parliament which will begin next week.
About 177 cases of instant talaq have been reported before the judgment and 66 after the Supreme Court order this year in which UP tops the list.
The proposed law will empower 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 draft law states that triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be bad or illegal and void.