'Instant Triple Talaq - 3-year jail for erring men'


New Delhi: In a bid to protect Muslim women from misuse of laws that are unfair to the fairer sex, the Narendra Modi government will make "triple talaq" (instant divorce) a non-bailable offence.
Top government sources have told TIMES NOW that the practice of triple will stand annulled, according to a draft law aimed to curb the practice which continues despite the Supreme Court striking it down.
The Narendra Modi government is planning to bring a bill in the Winter Session of Parliament banning the practice of triple talaq. According to reports, the government will amend the Marriage Act to protect Muslim women and make instant talaq as a non-bailable offence.
Three years imprisonment is being mulled for men who will flout the rules. The law will, however, not to be applicable in Jammu and Kashmir.
The draft 'Muslim Women Protection of Rights on Marriage Bill' was sent to the state governments today for their views, a senior government functionary said. They have been asked to respond to the draft urgently, he said.
The draft was prepared by an inter-minister group headed by Home Minister Rajnath Singh. The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry PP Chaudhary.
The proposed law would only be applicable to instant triple talaq or 'talaq-e-biddat' and it would give power to 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.
Under the draft law, 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.
"The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house she should have legal protection," the functionary said.
According to the draft law, which would be applicable to the entire country except for Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. It would be a non-bailable, cognisable offence.
The functionary pointed out that after the Supreme Court order, the government was of the view that the practice would end.
"But it continues. There have been 177 reported cases of instant talaq before the judgement and 66 after the order this year... Uttar Pradesh tops the list. Hence, the government planned a law," he explained.

He said the provisions of the Domestic Violence Act were found to be of little help in such cases even as the government and the Prime Minister's Office were receiving complaints from women.
The subjects of divorce and marriage come under the Concurrent list of the Constitution and Parliament is free to pass laws on it in emergencies. But going by the recommendations of the Sarkaria Commission, the government decided to consult states.
"The plan is to bring it in the Winter Session of Parliament," the functionary said.
As of now, the draft law is prospective in nature. But if Parliament feels, it can be implemented retrospectively once it is passed and gets the President's nod, he said.
Perhaps women who have been given triple talaq before the proposed law comes into force can also seek custody of minor children and subsistence allowance using its provisions, another official said.
Once the views of the states are received, the Law Ministry would move Cabinet with the proposal.
The Supreme Court had banned the practice of triple talaq in August. 
Notably, in the absence of any penal provisions against men who still divorce their wives through instant talaq and with a section of Muslim clerics still holding it valid, the women have little protection against the practice.
Pronouncing its judgment in Shayara Bano versus Union of India on August 22 this year, the apex court in a majority judgment set aside the practice of Talaq-e-biddat -- as the triple talaq is called in Islamic jurisprudence. 
The judgment was widely appreciated by several women groups and sections of the Muslim society, though a few clerics also called it as against the Shariah and an unnecessary meddling by the courts in the Muslim Personal Law.
"In order to give effect to this order of the Supreme Court, the government is taking the matter forward and is considering to bring about a suitable legislation or amending existing penal provisions which shall make instant talaq an offence," a senior government functionary had said.
Recently, a few cases where the Muslim husbands divorced their wives unilaterally through social media or phone came to light such as that of an Aligarh Muslim University (AMU) professor who divorced his wife through WhatsApp and SMS.
"In spite of advisories to the members of the community against this archaic practice, there seems to be no decline in the practice of divorce by Talaq-e-biddatThis could be because of the lack of knowledge among Muslim men of the Supreme Court's decision. It could also be because of lack of deterrent punishment for the act of Talaq-e-biddat," the government source had said.
"As the law stands today, the victims of Talaq-e-biddat would have no option but to approach the police, but even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law," he said.
"It is to this end that the positive step being taken by the government of enacting a legislation will go a long way in deterring the Muslim husbands from divorcing their wives and empowering the Muslim women who find themselves helpless against the use of the practice of triple talaq"," he explained.
Many sects among the Sunni Muslims and the Shias do not permit instant talaq and the practice is majorly found among the Hanafi Muslims.
(With PTI inputs)[and thanks to TIMES NOW]
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