Triple Talaq or talaq-e-bidat is a criminal offence and may attract prison term for three years. The Government has drafted a bill to be put up in the winter session of Parliament. Earlier, In august Supreme court termed Instant triple talaq as unconstitutional. The bench of five judges voted in the majority to pronounce triple talaq as unconstitutional and against the teachings of the Quran.
The supreme court asked the government to frame a law which protects Muslim women from such crimes. The Narendra Modi Government also made the promise during their political campaign in Uttar Pradesh to provide a safety bill for the Muslim women. There are more than hundred cases registered in Uttar Pradesh and Bihar which falls under this category. The cabinet passed the bill which is named as the Muslim Women(Protection of Rights on Marriage) Bill 2017. Many in the government and opposition have termed it as a progressive bill which fulfills the demands of basic human right for the Indian Muslim women.
Triple Talaq is personal matter
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. They have been at the forefront of any such bills or laws which affects their personal Muslim law. The bill drafted made the instant triple talaq in any form, oral, written or electronic, a criminal offence. It also provides support to the family and custody of the child. There is a provision for monetary support from the government for the victims.
Muslim women had been fighting for the law since time immemorial, asking the government to look into the plight of matter. This is a serious issue which must be dealt seriously as many women are affected by the triple talaq. Although the exact details and conditions of the bill are not in the public domain, people have been encouraging all parties to support the bill in the parliament.
Cabinet minister Ravishankar Prasad that he cannot discuss the details of the bills but it is a progressive bill which aims to solve the designated purpose. The Congress party too has been confident about the bill, terming it progressive but they first need to study the bill in detail before any critical comment.
Future of Bill and its effects
As envisioned by the Muslim women who fought the long and lonely battle in the judiciary to create a historical landmark judgment, the bill drafted is a step forward in the direction. The passing of bill and implementation of it will set the future discourse of the triple talaq. Many in the community have raised alarm against such bills which brings triple talaq under the criminal offence and its real purpose and effect.
They have reiterated the view of supreme court judges who ruled against the favour of terming triple talaq as an unconstitutional. The Chief justice at the time J S khehar and Abdul Nazeer were of the view that Triple talaq is an integral part of personal freedom of the Muslim community. It remains to be seen what is the fate of the bill in the parliament.