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Triple Talaq Bill 2017

Published on Thursday, January 04, 2018
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, which is recently passed by Lok Sabha prohibits triple talaq custom in Muslim community. In this article, the following topics are discussed

1. What is Triple talaq?
2. Historical background of the bill
3. Key features of the bill

Triple Talaq

Triple Talaq, is a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. It allows any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for "divorce") three times in oral, written, or more recently, electronic form.
It is also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah (irrevocable divorce).

Historical Background of the bill

  • In August 2017, in the case of Shayara Bano vs. Union of India case Supreme Court gave landmark verdict that pronouncement of talaq-e-biddat or Triple talaq as "void and illegal and also termed as unconstitutional as it violated article 14 of the constitution which provides for equality before the law. 
  • Out of five judges in the judgement, the minority opinion in Shayara Bano versus Union of India, by Justice Jagdish Khehar and Justice Abdul Nazeer had held that since personal law was constitutionally protected as religious freedom (a flawed argument), courts were not authorised to rule on the matter, but the state could invalidate the practice by enacting a law.
  • Based on the judgement, Prime minister of India formed an inter-ministerial group to examine the issue after the Supreme Court judgment under the chairmanship of union home minister Rajnath Singh. 

Other ministers in the inter-ministerial group includes

Arun Jaitley (Finance)
Sushma Swaraj (External Affairs)
Ravi Shankar Prasad (Law)
P.P. Chaudhary
Dr. Jitender Singh.
  • The inter-ministerial group prepared a draft bill to prohibit triple talaq practice. 
  • Later the bill was accepted by the union cabinet and send to states for their decision.
  • Uttar Pradesh become the first State to endorse the Central government’s draft bill that makes instant triple talaq a cognizable and non-bailable offence.
  • Recently in winter session of the parliament LokSabha passed the bill with the name The Muslim Women (Protection of Rights on Marriage) Bill, 2017

Key features of the bill:

The proposed Muslim Women Protection of Rights on Marriage Bill will deal with complaints against instant triple talaq across the country, except Jammu and Kashmir.

Some of the key features of the bill are:

  • According to clause 3 of the Bill, “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.
  • A man who pronounces talaq on his wife will be punished with a jail term of and a fine. 
  • This Bill also makes the pronouncement of talaq-e-biddat a non-bailable offence.
  • Clause 4 of the Bill states that "Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine."
  • Clause 7 of the bill says that "an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the Code." (The Code of Criminal Procedure, 1973)
  • The woman upon whom talaq is pronounced will have to receive an allowance from her husband, and she retains custody of her children. As per this bill First Class Magistrate will decide this allowance amount.

Model Questions:

1. How many years of imprisonment are prescribed for violation triple talaq laws?
a. 1 year
b. 2 years
c. 3 years
d. 5 years

2. Who is the chairman of the inter-ministerial group that formed to deal with Triple talaq issue?
a. Arun Jaitley
b. Narendra Modi
c. Rajnath Singh
d. Sushma Swaraj

3. Which of the following case is related to Triple Talaq bill?
a. Shayara Bano vs. Union of India
b. Parveena vs Union of India
c. Shabano vs Union of India
d. None of the above

4. Which of the following is the other word for Triple talaq?
a. Biddat
b. talaq-e-biddat
c. None of the above

5. Who among the following tabled triple talaq bill in Lok Sabha?
a. Rajnath Singh
b. Arun Jaitley
c. Narendra Modi
d. Ravi Shankar Prasad

6. Which article of the constitution deals with Uniform civil code?
a. Article-14
b. Article-32
c. Article-40
d. Article-44

7. The proposed Triple Talaq bill is applicable to all states in India except:
a. Sikkim
b. Arunachal Pradesh
c. Puducherry
d. Jammu & Kashmir

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