4 December 2017

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Three Years’ Imprisonment to Those Who Resorts to Triple Talaq, Bill May be Introduced in Winter Session


The Central Government is likely to introduce a Bill to end triple talaq in the forthcoming winter session of Parliament. This comes in the backdrop of the Supreme Court judgment of August 22, 2017 that set aside the practice of talaq-e-biddat among Muslim husbands. The legislation proposed to impose three years’ imprisonment to those who resorts to triple talaq and meant to ensure that Muslim men do not indulge in it. The bill also provides for a provision for the aggrieved wife to seek subsistence allowance and custody of her minor children by moving the court. It will make instant triple talaq illegal and void. A ministerial committee has been constituted to frame a law.

Triple talaq being one of the most Indian archaic and oppressive personal law does not find any place in the progressive and modern India. The Hon’ble Supreme Court of India has also declared it invalid and directed the central government to come out with the legislation on it which is a very welcome step and could also be viewed as nascent step for the Uniform Civil Code. The very system of the Triple Talaq is sometimes justified on many grounds by saying that the tedious and long drawn process of the divorce takes away the prime time of one’s life so this “INSTANT TALAQ” is process which immediately snaps the matrimonial cord and rights and liabilities attached to it. On the contrary, in this whole process the mental and social trauma of the women is always overlooked and undermined. This is also opposed to the basic tenets of the democracy in true sense and equality.

Triple talaq does not give a chance to the wife to even pitch her voice or willingness; however, the men are always at liberty to utter this word as per their wish. This empowers the Muslim men to misuse it especially in the backdrop of the financial and education background of the Muslim women who generally do not have independent means to even feed themselves and their children. One can imagine the misery of a woman who all of a sudden is thrown out from the home, sometimes in odd hours to be hounded by this cruel society.

In view of above, let’s hope that introduction of this bill would bring some respite and right to the Muslim women who has been till recently been completely ignored and given a discriminatory treatment.

Tags : Triple Talaq Three Years jail

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