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India Bill To Jail Muslim Men Who Use Triple Talaq For Divorce

12/29/2017 12:38:42 PM
written By : Team India Se Print

The Lok Sabha, India’s lower house of parliament, has passed a bill aimed at prosecuting Muslim men who divorce their wives through the “triple talaq”, or instant divorce.

The Muslim Women (Protection of Rights on Marriage) Bill, passed by the Lok Sabha on December 28, now has to be approved by the Rajya Sabha, the upper house, before it becomes law.

In August, the Supreme Court ruled as unconstitutional a law which allows Muslim men to divorce their wives simply by uttering the word “talaq”, which means divorce in Arabic, three times.

Muslim women had petitioned the court, arguing the practice of husbands divorcing them through triple talaq not only violated their rights but left many women destitute.

“Only a law can explicitly ban triple talaq, we have to enforce legal procedures to provide for allowances and protect custody of children,” said Law Minister Ravi Shankar Prasad.

The bill would make the practice a non-bailable offence with a possible three-year jail term.

Members of the opposition, however, demanded that the "criminalisation" clause be scrutinised by a parliamentary panel

India is one of the few countries where the practice of instant divorce has survived in law. While some Muslim groups have said it is wrong, they believe it should be reviewed by the community itself.

Members of the All India Muslim Personal Law Board said the government had no right to outlaw instant triple talaq, as it was directly interfering with Muslim personal law.

 

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