Published 22:25 IST, July 30th 2019
Triple Talaq Bill Passed: Here's everything you need to know
The contentious bill to ban the practice of Triple Talaq saw a smooth passage in the Rajya Sabha on Tuesday. The resistance of the Opposition crumbled, as the bill was passed by 99 members in favour and 84 opposing it.
- India News
- 3 min read
The contentious bill to ban the practice of Triple Talaq saw a smooth passage in the Rajya Sabha on Tuesday. The resistance of the Opposition crumbled, as the bill was passed by 99 members in favour and 84 opposing it.
The government has persistently maintained that the Bill would ensure gender equality and social justice to women of the Muslim community.
What is the Triple Talaq Bill?
Under the Muslim Women (Protection of Rights on Marriage) Bill, 2019, divorcing through instant Triple Talaq will be illegal, void and would garner a jail term of three years for the husband.
While the bill makes triple talaq a "non-bailable" offense, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by police at the police station itself.
Supreme Court set aside the practice of instant divorce on August 22, 2017, calling the act 'unconstitutional' in a number of cases.
The Apex Court judges cited the practice to be a violation of Article 14 and Article 21, that speaks of equality, and protection of life and personal liberty respectively.
However, despite the Supreme Court setting aside the Bill, there have been reports of the triple talaq practice across the country. Thus, instigating a state action to give an effect to the order of the Supreme Court.
2017
The Modi government in 2017 formulated the Muslim Woman (Protection of Rights on Marriage) Bill, which was introduced and passed by the Lok Sabha on December 29, 2017. However, was pending in the Rajya Sabha.
The Bill declared the practice of instant Talaq as void and illegal, further made it a non-bailable, punishable offense with imprisonment up to three years, fine and triable by a Judicial Magistrate of the first class. Furthermore, it also proposed to provide allowance to married women and children.
2018
The government introduced a fresh Bill in Lok Sabha on December 17, 2018, as the triple talaq ordinance of 2018 was about to expire on January 22, 2019. The Bill was passed by the Lok Sabha, however, could not be passed in the Rajya Sabha due to Opposition's robust demand to send the bill to a select committee.
According to the Bill proposed, the wife was entitled to subsistence allowance, that would be decided by the Magistrate. The wife also had the entitlement to seek custody of her minor children.
It was also maintained that only a complaint will only be recognised if it was made by either the wife of the accused or her blood relative.
2019
After President Ram Nath Kovind approved the Ordinance of 2019, the government introduced a fresh bill on June 21, 2019, in the Lok Sabha. The Bill was passed in the Lok Sabha on July 25, 2019.
Initially, according to the Ordinance, the triple talaq offense was non-bailable, but later a provision was made that allowed bail by the Magistrate only after hearing the wife of the accused.
The Bill will now go to the President for his assent.
(With PTI inputs)
Updated 22:38 IST, July 30th 2019
