New Delhi, Dec 28: The Triple Talaq Bill introduced in the Lok Sabha on Thursday proposes a law
that renders 'void and illegal' any pronouncement of instantaneous talaq by a
person either by ‘’spoken words or in electronic form’’, which includes phone
call, SMS and e-mail.
Government, while stating the Objects and
Reasons to bring in the Bill, said it was done after it was found that instant
triple talaq was taking place in spite of the Supreme Court order of August 22,
2017 setting aside the practice of talaq-e-biddat(three pronouncements of talaq
at one and the same time).
'This judgement gave a boost to liberate Indian Muslim women from the age-old practice capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation,' it said.
Therefore, in order to prevent the continued harassment of Muslim women, an urgent suitable legislation was required, the Government said.
The legislation would help to ensure the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment, the Government said.
The proposed law provides for punishment with jail term which may extend to three years and fine, and makes the offence cognisable and non-bailable.
It also entitles a victim of talaq to receive an amount subsistence allowance for her and dependent children as determined by a magistrate and stipulates that the woman would also be entitled to custody of her minor children in the event of pronouncement of talaq by her husband.
The Bill says that ‘’talaq’’ means talaq-e-biddat or any other similar talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.
It also says that ‘’electronic form’’ shall have the same meaning as assigned to it in the clause(r) of the sub-section(l) of section 2 of the Information Technology Act, 2000. UNI
'This judgement gave a boost to liberate Indian Muslim women from the age-old practice capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation,' it said.
Therefore, in order to prevent the continued harassment of Muslim women, an urgent suitable legislation was required, the Government said.
The legislation would help to ensure the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment, the Government said.
The proposed law provides for punishment with jail term which may extend to three years and fine, and makes the offence cognisable and non-bailable.
It also entitles a victim of talaq to receive an amount subsistence allowance for her and dependent children as determined by a magistrate and stipulates that the woman would also be entitled to custody of her minor children in the event of pronouncement of talaq by her husband.
The Bill says that ‘’talaq’’ means talaq-e-biddat or any other similar talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.
It also says that ‘’electronic form’’ shall have the same meaning as assigned to it in the clause(r) of the sub-section(l) of section 2 of the Information Technology Act, 2000. UNI
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