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.