Cases of triple talaq decreased by 80 per cent after enactment of law

Contact Counsellor

Cases of triple talaq decreased by 80 per cent after enactment of law

  • There has been an 80 per cent decrease in incidents of triple talaq since the law against triple talaq was passed, the prime minister said in his monthly Mann Ki Baat programme.
  • He termed this practice as a social evil which is coming to an end due to enactment of such laws.

Muslim Women (Protection of Rights on Marriage) Bill, 2019 or Triple talaq bill

  • This bill has criminalised the triple talaq which is being practised in Muslims
  • The government has introduced this bill after the Supreme Court’s judgement in the Shayara Bano case
  • SC in the case held that the practice of talaq-e-biddat (or triple talaq) is unconstitutional.

Significance of the bill

  • It protects the rights of married Muslim women
  • It prevents divorce by the practice of instantaneous and irrevocable ‘talaq-e-biddat’ by their husbands.
  • It also provides for the rights of subsistence allowance to the women

Features of the Bill

  • It makes declarations of talaq which also include written or electronic form, to be void (i.e. not enforceable in law) and illegal.
  • The bill defines Talaq-e-biddat as a practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.
  • Fine and punishment: It makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine to the man declaring it
  • The offence be recognised only if information about it is provided by: (a) the married lady (against whom talaq has been pronounced), or (ii) any person connected to her by blood or marriage
  • Bail provisions: It provides that the Magistrate may grant bail to the accused.
  • The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
  • Custody of minor child: victim against whom such talaq has been declared, is entitled to seek custody of her minor children.
  • The manner of custody will be determined by the Magistrate.
  • Allowance to victim: she is entitled to seek subsistence allowance from her husband for herself and for her dependent children.
  • The amount of the allowance will also be determined by the Magistrate hearing the case

Associated issues with the Bill

  • Allowances provided to the victim can not be ensured if the husband is in Jail
  • Stakeholders i.e Muslim women were not consulted for the provisions
  • Muslims term it as an interference in their personal laws

Way forward

  • The law enacted by the union government for eliminating social evil like triple talaq is an appreciating step in this direction but the issues highlighted by the section of women should also be acknowledged and steps should be taken for post divorce employment of the victims so that they do not remain dependent on her husband for future.