Published: Sun, December 17, 2017
Research | By Jennifer Evans

Cabinet approves draft bill banning triple talaq

Cabinet approves draft bill banning triple talaq

Law minister Ravi Shankar Prasad, briefing reporters after the Cabinet meeting, confirmed that the Muslim Women Protection of Rights on Marriage Bill has been approved, but refused to share details as Parliament was in session.

Recalling that the Supreme Court judgement on Shayara Bano had restated the law with respect to triple talaq and held it as unlawful, he said: "'In this regard the Government of India's attempt to expedite the introduction of legislation criminalising triple talaq without any attempt to understand the legal nuances involved is of deep concern".

Instant triple talaq in any form - oral, written or electronic form - has been banned and made a cognisable offence.

Since time immemorial, many maulvis, and Muslim board have termed this matter as the personal matter and no judiciary or law should be involved in it. While clearing the Bill, the Cabinet said it would act as a "shield" for Muslim women and protect them from atrocities. There is a provision for monetary support from the government for the victims. This is a serious issue which must be dealt seriously as many women are affected by the triple talaq.

Cabinet minister Ravishankar Prasad that he can not discuss the details of the bills but it is a progressive bill which aims to solve the designated goal. We have yet to see the Bill if it is within the four corners of different nuances of the four-five judgments of that case. The passing of bill and implementation of it will set the future discourse of the triple talaq. Owaisi added the attempt to bring the law to criminalise instant talaq is a futile exercise.

The bill is being introduced as the practice still continues despite the Supreme Court striking down "talaq-e- biddat" (instant triple talaq).

However, Chief Justice Khehar and Justice Nazeer disagreed with Justices Nariman, Lalit and Joseph and ruled that "triple talaq" can not be struck down on the ground of being violative of Article 14, since there is no state action.

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