“Triple talaq has nothing to do with religion. It is a gross injustice meted out to women.”
The draft law makes instant triple talaq a cognizable offence, punishable with three years’ jail and a monetary fine.
According to a draft law, the practice of instant triple talaq will be declared illegal and will attract a jail term of three years for the husband.
Instant Triple talaq: The proposed law, which empowers Muslim women, applies to instant triple talaq in “oral, written, electronic or any other form”. Any declaration of talaq-e-biddat by a Muslim man shall be “illegal and void”, says the draft law.
Under the draft law, triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be bad or illegal and void.
Commonly known as the Shah Bano Act, the 1986 law was enacted by the Rajiv Gandhi government under pressure from the Muslim clergy to overturn the Supreme Court ruling in the Shah Bano case.
The demand comes at a time when the Centre is mulling bringing in a legislation in the Winter Session of Parliament to put an end to instantaneous triple talaq which is still in practice despite the Supreme Court striking it down.
Say legislation criminalising the practice may lead to gender polarisation in the community
Triple talaq as admissible in Islam is a process of divorce over an extended period during which it is imperative that families or friends attempt reconciliation.
In her complaint, the woman, who worked as a beautician, alleged that her husband went out of their house on November 13 and called her on the phone, uttering the word ‘talaq’ thrice.
Sources said recurrent reports of triple talaq continuing in Muslim society despite the Supreme Court judgment spurred the decision to bring in a law with punitive measures
A ministerial committee has been set up to propose a suitable legislation or amend existing penal provisions, which would make instantaneous triple talaq an offence, government functionaries said today.
This comes more than two months after the Supreme Court struck down the controversial practice of Talaq-e-biddat.
A case has been registered against the professor on charges of “harassment and wrongfully preventing his wife from entering their house”, he said. The AMU academic, however, said the case was subjudice since October first week.
Habiba Qureshi’s husband of eight years, Haroon, gave her triple talaq in March