Lok Sabha passes Triple Talaq Bill [Read Bill]
The Lok Sabha on 28th December, 2017 passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017 (“Bill”). The Bill was drafted on the lines with the Supreme Court decision in the case of Shayara Bano v. Union of India & Ors. (“Case”), wherein the Court declared the practice of triple talaq as unconstitutional.
The Bill consists of three chapters and states that its aim is “to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.”
The statement of Objects and Reasons of the Bill refers to the judgment in the Case in detail and also states:
“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 Bill proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children.”
Section 3 of the Bill makes any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. Section 4 further makes pronouncement of talaq a punishable offence with imprisonment for a term which may extend to three years and fine.
Law Minister Ravi Shankar Prasad said it was a “historic day”.
Read the Bill below: