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Instant triple talaq illegal; 3-year jail term for husband

Instant triple talaq illegal; 3-year jail term for husband

According to draft law, there are provisions for compensation to women as well.

Earlier Government had constituted a Committee to deliberate on the issue of Triple Talaq and sought opinion of states to draft Bill for the objective.

The new law to be laid in the Winter session of Parliament and likely to be termed as The Muslim Women (Protection) Rights on Marriage Act, 2017, reported CNN-News18. "Many women have been rendered destitute or forced to return to their parental homes", said Heena Khan, a Muslim activist.

She can seek subsistence allowance for herself and dependent children, as well as custody of minor children. External Affairs Minister Sushma Swaraj, Law Minister Ravi Shankar Prasad, Minister for Social Justice and Empowerment Thawar Chand Gehlot, Minister for Minorities Affairs Mukhtar Abbas Naqvi, Attorney General K K Venugopal besides others attended the meeting.

Husbands who indulge in instant triple talaq in any form- oral, written or through any electronic message may soon face imprisonment of up to three years along with a financial penalty.

Some reports say that the new law will not be binding in Jammu and Kashmir. These, however, are figures of instant triple talaq cases that are reported and the actual number of such incidents could actually be much higher. "The majority of such cases were in Uttar Pradesh", said another senior government official.

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A Bill related to this could be introduced in Winter Session of Parliament. The Centre has also sought the opinion of all state governments on the subject.

Talaq-e-biddat is a custom under Muslim personal law that allows a man to divorce his wife by uttering the word "talaq" thrice.

Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law, they explained.

According to official data some Muslim men have committed instant talaq even after the Supreme Court declared it illegal.

Despite advisories being issued to the members of the community against the archaic practice, there seemed to be no decline in the cases of divorce by "talaq-e-biddat", they claimed. They were of the view that Parliament should consider an "appropriate" law to deal with the issue of talaq-e-biddat.


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