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