Govt proposes jail term for triple talaq in draft law
New Delhi: The government has framed a draft law to end the practice of instant triple talaq under which a Muslim man trying to divorce his wife by uttering the word “talaq” three times would face three years’ imprisonment and a fine.
The draft, which classifies the offence as cognizable and non-bailable, has been circulated to states for consultations. The law seeks to ban and criminalize triple talaq conveyed through any means—written, spoken or electronic.
The draft legislation framed by a ministerial panel is expected to be taken up during the winter session of Parliament. The proposed law will, however, not be applicable to the state of Jammu and Kashmir.
The Supreme Court had on 22 August declared instant triple talaq unconstitutional in a 3-2 majority verdict. The 395-page ruling held the practice to be “violative of the fundamental right under Article 14 (equality before law) of the Constitution of India”.
The verdict added that provisions of the Muslim Personal Law (Sharia) Application Act, 1937, insofar as they seek to recognize and enforce triple talaq, must be struck down as being void.
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