Despite Supreme Court striking down triple talaq, 100 cases since August: Ravi Shankar Prasad in Lok Sabha

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New Delhi: While moving the Muslim Women (Protection of Rights on Marriage) Bill, 2017 in Lok Sabha on Thursday, Union Law Minister Ravi Shankar Prasad said about 100 triple talaq cases had taken place since the Supreme Court struck it down in August this year.

Addressing the Lower House, Prasad said, "We had hope. The judgment came on August 22. There were 300 triple talaq cases in 2017 of which 100 had taken place after the Supreme Court verdict. This raises a big question," Prasad said.

The Lok Sabha passed the hugely contentious bill that criminalises instant triple talaq and makes it punishable by up to three years imprisonment for the husband, a development hailed by the government as "historic" but disapproved of by a section of the opposition.

The Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill by voice vote after rejecting a string of amendments moved by opposition members.

In a landmark judgment, the Supreme Court on August 22 declared the divorce pratice of triple talaq 'illegal' saying it was 'void' and 'unconstitutional'.

"In view of the different opinions recorded, by a majority of 3:2 the practice of talaq-e-biddat - triple talaq - is set aside," the bench comprising Justices Khehar, Kurian Joseph, Rohinton F Nariman, UU Lalit and Abdul Nazeer had said.

Under the proposed law, instant triple talaq in any form --spoken, in writing or by electronic means such as email, SMS and WhatsApp -- would be illegal and void.
The proposed law would be applicable to the entire country except in Jammu and Kashmir. It would make instant talaq punishable by a jail term of upto three years and a fine, and would be a cognisable, non-bailable offence.

There is provision for subsistence allowance from the husband for the livelihood and daily supporting needs of the wife as also of the dependent children. The wife would also be entitled to the custody of minor children.

(With agencies inputs)