Reportedly a Bill which outlaws Triple Talaq the practice of instant divorce in the Muslim community was passed in the Rajya Sabha on Tuesday, with 99 MPs voting for the Bill and 84 voting against it. Meanwhile the Muslim women (Protection of Rights on Marriage) Bill, 2019, bans instant triple talaq and makes the practice a punishable offence under the Indian Penal Code.
Furthermore the Bill makes all declaration of talaq, including in written or electronic form, to be void and illegal. It defines talaq as talaq-e-biddat or any other similar form of talaq as the practice under Muslim personal laws where pronouncement of the word "talaq" thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce. Perhaps it makes declaration of such talaq a cognizable offence where the accused can be arrested without a warrant, and liable to a punishment of three years imprisonment and fine.
Moreover the offence, however, will be cognizable only if information relating to the offence is given by the woman against whom talaq has been declared or any person related to her by blood or marriage. Accordingly a woman against whom talaq has been declared is entitled to subsistence allowance from her husband for herself and for her dependent children. The Congress leader said "An already distraught woman will now be made to deal with criminal justice system, jostle in Magistrate's court to seek bail for her husband, seek maintenance, custody of children. SC never asked for such a remedy".
