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Fresh triple talaq Bill introduced in Lok Sabha
News
A new Bill to make the practice of triple talaq among Muslims a penal offence has been introduced in the Lok Sabha
Important Facts
- The Muslim Women (Protection of Rights on Marriage) Bill, 2018, will replace an earlier Bill passed in the Lok Sabha and pending in the Rajya Sabha.
Need for the bill
Despite the Supreme Court striking down the practice of talaq-e-biddat (instant triple talaq) as unconstitutional, men has been divorcing their wives through triple talaq. 201 cases of triple talaq were reported between the period of January 2017 and September 13, 2018.
Key Features of the Bill
- The aim of the bill is to protect the rights of married Muslim women.
- According to the Bill, giving instant triple talaq or ‘talaq-e-biddat’ will be illegal and void and will attract a jail term of three years for the husband.
- The proposed law makes instant triple talaq a “non-bailable” offence. However, an accused can approach a magistrate even before trial to seek bail.
Note: In a non-bailable offence, bail cannot be granted by police at the police station itself. - A provision has been added to allow the magistrate to grant bail “after hearing the wife”.The magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill.
- The offence of instant triple talaq will be “compoundable”. Under a compoundable offence, both parties have the liberty of withdrawing the case.
- The proposed law would give power to the victim to approach a magistrate seeking “subsistence allowance” for her and her minor children
- A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
