Government keen to bring anti-triple talaq bill in winter session

Government keen to bring anti-triple talaq bill in winter session

"A prima facie reading of the judgement makes it clear that the majority (of the five-member bench) has held it (the practice of instant triple talaq) as unconstitutional and illegal", Law Minister Ravi Shankar Prasad had said.

The Central government's plans comes in the wake of August 22 Supreme Court judgment that set aside the practice of talaq-e-biddat or instant talaq among Muslims.

"The need of the hour is to enact a strict law against triple talaq in one go that is similar to the anti-sati law to prevent any Muslim woman from getting victimised and ensure that the culprit is punished", he said. The Centre had given the grounds that instant triple talaq has been banned in Muslim countries including Pakistan and Saudi Arabia. This could be because of the lack of knowledge of Muslim husbands of decision of Supreme Court.

But there have been reports of a number of divorces by way of "talaq-e-biddat" even after the judgement, the functionaries said.

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In a recent instance of Talaq-e-biddat, it was noticed that a person in a leading educational institution divorced his wife via WhatsApp and SMS.

The government's seeking of a ban against triple talaq because it was derogatory and discriminatory against women created an unlikely coalition between Muslim woman and PM Modi's administration as they took on Muslim groups which say the state has no right to interfere in religious matters. Even police are helpless as no action can be taken against a husband giving triple talaq in the absence of punitive provisions in the law. They felt that the provisions of the Indian Penal Code were sufficient to deal with cases when aggrieved women approached police.

Hence the government is planning a legislation which will act as a deterrent against husbands from divorcing their wives and empower Muslim women who find themselves helpless against the use of the practice of "Talaq-e-biddat".

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