Modi government may bring legislation to end Triple Talaq this Winter Session
Triple Talaq is a form of divorce followed by Muslims in India. It has been at the centre of the controversy for a long period.
The Supreme Court on August 22, in a majority judgment, had set aside the practice of Talaq-e-biddat among Muslim husbands. It is learnt that in order to give effect to this order of the SC, the Government is taking the matter forward and is considering to bring about a suitable legislation or amending existing penal provisions which shall make instantaneous Triple Talaq an offence.
"There have been reports of number of divorces by way of Talaq-e-biddat happening even after the above said judgement by the Supreme Court. This could be because of the lack of knowledge of Muslim husbands of decision of Supreme Court. It could also be because of lack of deterrent punishment for the act of Talaq-e-biddat. In spite of advisories to the members of the community against this archaic practice, there seems to be no decline in the practice of divorce by Talaq-e-biddat," a government source said.
In a recent incident of Talaq-e-biddat, it has been reported that a person in a leading educational institution divorced his wife through WhatsApp and short message service and that the wife approached the police. "There may be many such unreported instances of instantaneous Triple Talaq happening elsewhere in the country. As the law stands today, the victims of Talaq-e-biddat would have no option but to approach police for the redressal of her grievance as Muslim clergy would be of no assistance to her. Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law," the government source said.
It is to this end that the "positive step" is being taken by the Government of enacting a legislation will go a long way in deterring the Muslim husbands from divorcing their wives and empowering the Muslim women who find themselves helpless against the use of the practice of 'Talaq-e-biddat', sources said. "It may be recalled that the call for reforms in the personal law had arisen from the Muslim community itself.
The All India Muslim Personal Law Board (AIMPLB) had contended that on matters of religious practice, such as Talaq-e-biddat, it is for the Legislature to make law. Government's endeavor to bring a suitable legislation/amending existing penal provisions will be a step forward to this end," sources said.
The landmark Order of the Supreme Court upheld equal rights and equal protection of every person enshrined under Article 14 of the Constitution, irrespective of majority or minority status. The judgment was aimed at helping to liberate women from the age old practice of Talaq-e-biddat, where they have no say in the arbitrary decision of the husbands to unilaterally divorce them.