AIMWPLB welcomes draft legislation banning instant triple talaq, says Modi govt cares for rights of Muslim women

Supreme Court in August 2017 by a majority of 3:2 had ruled that the practice of divorce through triple talaq among Muslims was "void", "illegal" and "unconstitutional".

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New Delhi: The All India Muslim Women Personal Law Board on Thursday welcomed government's move to approve a draft law under which the practice of giving instant triple talaq would be made illegal and void. 

"We welcome this, it was much needed. Unlike previous governments, this government cares for rights of Muslim women. Appeal to all parties to ensure passage of this bill in Parliament," Shaista Ambar, AIMWPLB said, as per ANI. 

Addressing the press, Union Law Minister Ravi Shankar Prasad said, "Cabinet approved the proposal to introduce the Muslim Women (Protection of Rights on Marriage) Bill, 2017, to make instant triple talaq void and illegal."

According to the draft law the practice of giving instant triple talaq would attract a jail term of three years for the husband, a government functionary said, PTI reported.

The draft was prepared by an inter-ministerial group headed by Union Home Minister Rajnath Singh.

The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry PP Chaudhary.

The proposed law would only be applicable to instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. 

In August 2017, the Supreme Court by a majority of 3:2 had ruled that the practice of divorce through triple talaq among Muslims was "void", "illegal" and "unconstitutional"

While the then CJI JS Khehar and Justice S Abdul Nazeer had been in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, RF Nariman and UU Lalit had held it as violative of the Constitution.

The majority verdict had said that any practice including triple talaq which is against the tenets of Quran was unacceptable. The three judges had also said that the practice of divorce through triple talaq was manifestly arbitrary and violative of the Constitution and must be struck down

At the same time, former CJI Khehar and Justice Nazeerhad in their minority verdict had expressed hope that the Centre's legislation would take into account concerns of Muslim bodies and the Sharia law.

(With Agency inputs)