Muslim Women Protection of Rights on Marriage Bill

Union Cabinet of India has cleared the law for making Triple Talaq illegal. The Supreme Court, in August made the practice of instant talaq (divoce) as “unconstitutional.”

The government has approved a draft law under which the practice of giving instant triple talaq would be made illegal and void and would attract a jail term of three years for the husband.

The draft ‘Muslim Women Protection of Rights on Marriage Bill’ was prepared by an inter-ministerial group headed by 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 P P Chaudhary.

The proposed law would only be applicable on 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.

Once the law is made to make the triple talaq an offence, the victims will have the option of approaching the police and legal system for the redressal of their grievances and for the action to be taken against the husband.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017, which if passed, would allow divorced Mulsim women the right to seek maintenance from their husbands, before a magistrate’s court.