Cabinet clears bill that proposes to make triple talaq criminal offence

Narendra Modi-led Union Cabinet on Friday cleared the Muslim Women (Protection of Rights on Marriage) Bill, 2017, that proposes to make “Triple Talaq” a cognisable and non-bailable offence.

The BJP-led NDA government hopes to get parliament clearance for the bill during the winter session which began on Thursday.

According to the draft, the Muslim Women (Protection of Rights on Marriage) Bill, 2017, was sent out to all states earlier this month. The states were asked to submit their views by December 10. The drafty bill proposes to make “Triple Talaq a cognisable and non-bailable offence with a jail term of three years.

Uttar Pradesh, Madhya Pradesh, Jharkhand, Assam, Uttarakhand, Assam, Jharkhand, Maharashtra and Manipur are supporting the draft legislation.

Also read: Hyderabad man gives triple talaq to wife over phone, case registered

The bill also proposes that a victim of instant divorce can seek custody of her minor children and ask for maintenance from her husband by approaching a magistrate after registering a complaint with police.

Under the draft bill, Triple Talaq in any form including spoken, in writing or by electronic means such as email, SMS or WhatsApp would be banned.

The NDA government prepared the draft law in the backdrop of the August 22 landmark verdict of the Supreme Court. The top court said in the ruling that the practice of Muslim men uttering "talaq" three times for an instant divorce is unconstitutional.

Also read: AMU professor allegedly gives triple talaq to wife; case registered

The draft Muslim Women (Protection of Rights on Marriage) Bill was prepared by an inter-ministerial group headed by Home Minister Rajnath Singh. Other members part of the group were  External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry P P Chaudhary.