The Muslim Women (Protection of Rights on Marriage) Bill, 2017 (Triple Talaq Bill) has been passed in the Loksabha on Thursday.The Bill has been drafted in the aftermath of the Supreme Court decision in the case of Shayara Bano v. Union of India & Ors., wherein the Court declared the practice of triple talaq as unconstitutional. The Statement of Objects and Reasons of the Bill notes that...
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 (Triple Talaq Bill) has been passed in the Loksabha on Thursday.
The Bill has been drafted in the aftermath of the Supreme Court decision in the case of Shayara Bano v. Union of India & Ors., wherein the Court declared the practice of triple talaq as unconstitutional. The Statement of Objects and Reasons of the Bill notes that the judgment has not worked as a deterrent in bringing down the number of instances of triple talaq.
It explains, "It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce. In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them...
... The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment."
Section 3 of the Bill states that “talaq-e-biddat” shall be ‘void’ and ‘illegal’. This is followed by consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine.
Read the Bill Here