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Center Mulls To Bring Law To Ban & Penalise Triple Talaq In Upcoming Winter Session

November 22, 2017 | By

New Delhi:  The Bhartiya Janata Party (BJP) lead Central Government is currently contemplating all possibilities to table a law in the upcoming winter session to ban the practice of triple talaq. The decision will give effect to Supreme Court of India’s (SCI) order on August 22 of outlawing the practice of Talaq-e-biddat by declaring it unfair to women, said the media reports.

Image for Representation. (Tribune Photo)

Officials sources within the government were quoted by the media saying that the central government had set up a ministerial committee to draft a law that could be introduced in the forthcoming session of Parliament.

In a case is seen as a turning point in the personal laws of the country, the SCI set aside the practice of triple talaq in Shayara Bano Vs. Union of India and Other Connected Matters. The judgement upheld equal rights and equal protection of every person enshrined under Article 14 of the Indian Constitution, regardless of their majority or minority status.

To get the practice of tripal talaq revoked from the Supreme Court of India, the central government maintained that there were calls for reforms in the Muslim personal law from within the community itself. On matters of religious practice, such as Talaq-e-biddat, it is for the legislature to make law, the All India Muslim Personal Law Board reportedly said.

Furthermore, along with banning the practice of triple talaq altogether the government is also considering to penalise the practice.

The committee would frame a law either by amending the existing penal provision or through a new legislation and introduce the same in the coming winter session of Parliament, reads the statement of official sources published in an English vernacular.

Moreover, despite the judgement in the “Shayara Bano versus Union of India and other connected matters,” that was delivered in August this year, the apex court had set aside the practice as unconstitutional, there have been a number of divorces via talaq-e-biddat. Most of them attribute it to lack of awareness on the Supreme Court of India’s ruling or absence of any deterrent punishment, notes The Tribune (TT).

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