The Centre had sought the views of all states on the draft law, to which only 11 states responded.
Tamil Nadu wanted the Centre to “omit” the clause in the instant triple talaq Bill providing three years’ imprisonment and a fine for the husband, while 10 other states including Uttar Pradesh and Assam endorsed the government draft.“The provision of punishment with three years’ imprisonment and fine may be omitted,” the Tamil Nadu Chief Secretary said in a letter to the Secretary, Ministry of Law and Justice. The Centre had sought the views of all states on the draft law, to which only 11 states responded.
Tamil Nadu, however, accepted the proposal to provide subsistence allowance for the dependent children affected by talaq-e-biddat and requested that in the case of subsistence allowance for affected women, “necessary provision to provide one-time settlement of entitled amount to the Muslim married women as per Shariat Law may be made”. The state also accepted the proposal to give custody of minor children to the woman.
Besides UP and Assam, the other states that endorsed the law are Arunachal Pradesh, Gujarat, Jharkhand, Manipur, Uttarakhand, Maharashtra, Chhattisgarh and Madhya Pradesh. Gujarat, in its reply, pointed out that 13 Arab countries —- including the theocratic states of Algeria, Iraq, Kuwait, Libya, Morocco, Sudan, Tunisia, United Arab Emirates and Yemen, and four Muslim-majority secular states of Egypt, Jordan, Lebanon and Syria —- have legislation to prohibit the practice of instant triple talaq.
“South Asian states such as Indonesia (Sunni-majority state), Malaysia (Islam being official religion) and Philippines (Christian-majority state) are having Muslim personal laws prohibiting triple talaq. So far as Indian subcontinent is concerned, Pakistan and Bangladesh, both Islamic theocratic states having Islam as official religion, and Sri Lanka though a secular state, all these three countries are having Muslim laws prohibiting triple talaq,” Gujarat said.
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry.
He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More