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To make instant triple talaq a crime, Govt looks to change Shah Bano law
Context
Triple Talaq issue
What has happened?
Moving to make instant triple talaq or talaq-e-biddat a criminal offence, the government is considering, among changes in existing laws, amendments to The Muslim Women (Protection of Rights on Divorce) Act, 1986 (Shah Bano Act)
What is Shah Bano act?
It was enacted by the Rajiv Gandhigovernment under pressure from the Muslim clergy to overturn the Supreme Court ruling in the Shah Bano case. This law allowed, in line with Muslim personal law, maintenance to a divorced woman only during the period of iddat, or three menstrual cycles/three lunar months after divorce
What changes need to be made to Shah Bano Act?
The ‘preamble’ of the Shah Bano Act will have to be re-drafted since the existing law applies only after the divorce of a Muslim woman
What other changes need to be made?
Other than changes to the Shah Bano Act, the government is considering amendments to provisions of Section 125 Code of Criminal Procedure (order for maintenance of wives, children and parents) to provide further safeguards to Muslim women and their wards if they are abandoned via instant triple talaq
Impact of the new law
Once the law outlawing triple talaq is enacted, the Muslim clergy, government sources said, will have no role in cases of talaq-e-biddat and women can directly approach police for redressal
Backdrop
On August 22, the Supreme Court, in a landmark 3-2 verdict, “set aside” the centuries-old practice of instant triple talaq in which Muslim men divorce their wives by uttering talaq three times in quick succession
Additional Read: What is Shah Bano case?
