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Modi Govt Clears Bill Banning Instant Triple Talaq, Makes It A Criminal Offense

December 15, 2017 | By

New Delhi: Narendra Modi lead Union Government here on Friday passed the bill named Muslim Women (Protection of Rights on Marriage) Bill, 2017, banning tripal talaq (Oral Divorce) and making it a criminal offense.

The Islamic practice allows men to leave their wives immediately by stating “talaq” (divorce) three times. The proposed bill hands out a three-year jail sentence as well as fine, and states that the offence will be cognisable and non-bailable.

Titled the ‘Muslim Women (Protection of Rights on Marriage) Bill, 2017’, the proposed law also gives a “victim” of Talaq-e-Biddat a right to seek maintenance from her husband before a magistrate’s court. She will also be entitled to her children’s custody, the draft law says, media sources said.

Image for Representation. (Tribune Photo)

Last month, the BJP lead central government had cleared his intentions to introduce a new bill banning  “triple talaq” and would be presented by the government lawmakers when they meet for the next session of Parliament, which commenced on Friday, notes Deccan Chronicles.

It was after the Supreme Court of India (SCI) on the pretext of violation of women’s rights passed a verdict in August this year in which it state the practice as ‘arbitrary’ and “unconstitutional”. After this the Narendra Modi government appointed an inter-ministerial committee consisting Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravi Shankar Prasad.

Under this new law, triple talaq in any form – spoken, in writing or by electronic means such as email, SMS or WhatsApp – would be banned.

Furthermore, the reported bill sent out to states earlier proposed that triple talaq be made a cognisable and non-bailable offence that would attract a jail term of three years. The draft law was sent to states for their views on December 1 and they were asked to reply by December 10, reads a quote from a report published in an English vernacular.

The move is seen by many to amalgamate any cultural differences or variations in respect traditions and customs of a particular community under the name of ‘Uniform Civil Code’ obliterating distinct identities.

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