Triple Talaq bill, The Muslim Women (Protection on rights on Marriage) Bill 2017, has been passed in the Lok Sabha on Thursday, 28.12.2017. Read the Bill.
December 29, 2017
The government took initiative to draft the bill after the Judgment of Supreme Court in Sharayabano v. Union of India & Ors where in the practice of Triple Talaq declared as unconstitutional. The main purpose of the bill is to give protection to Muslim Women, deter people from practicing Triple Talaq with provision for Jail Term and bring down the number of instances of triple talaq.
Section 3 of the says that any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Section 4 of the Act has provision for a punishment of imprisonment for 3 years and fine for the person who pronounce triple talaq.
Section 5 of the act also contains provision for subsistence allowance to women.
Section 6 of the act gives entitlement to a married women to take custody of minor children in the event of pronouncement of triple talaq by her husband, in such manner as may be determined by the Magistrate.
Section 7 of the act made the offences to be cognizable and non bailable.
Statement of objects and reasons of the bill is mentioned as under:
"In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them. The Bill proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children."
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Read copy of bill introduced in Loksabha on 28.12.2017