Triple Talaq is an age-old practice followed by Muslim men wherein it gives them a right to instantly divorce their wife on the utterance of a single word ‘Talaq’.
Talaq means divorce in the Arabic language.
Some Indian Muslim groups believe that the Triple Talaq is grossly against women; however, they are of the opinion that this practise should be reviewed by the Muslim community leaders rather than the government.
A lot of Muslim leaders had earlier opposed the Triple Talaq bill stating that the BJP was entering their houses using the legislation.
But there were actual instances of Triple Talaq ending marriages over WhatsApp chat that started taking place.
Hence there was a dire need of legislation despite the Supreme Court ruling that the Triple Talaq is arbitrary and unconstitutional because the accused man will now face punitive action.
The BJP hailed the passage of the Triple Talaq bill by Parliament as a step that will help correct a historical wrong done to Muslim women, even as the Congress questioned the relevance of criminalising the practice.
The National Democratic Alliance (NDA) succeeded in getting the Muslim Women (Protection of Rights on Marriage) Bill, 2019 voted through despite the fact that it is in the minority in the Upper House, pointing to the government’s effective floor management.
Despite stiff opposition from the Congress and other Opposing parties that demanded the bill be sent to a parliamentary committee for scrutiny, the government won the day by 99:84 votes.
The missing 30 parliamentarians helped the NDA government pass the bill.
The passing of the Muslim Women (Protection of Rights on Marriage) Bill was a major legislative success for the BJP.
PM Narendra Modi wrote on Twitter:
“An archaic and medieval practice has finally been confined to the dustbin of history! Parliament abolishes Triple Talaq and corrects a historical wrong done to Muslim women. This is a victory of gender justice and will further equality in society. India rejoices today!"
President Ram Nath Kovind wrote on Twitter:
“Passage in the Rajya Sabha of Muslim Women (Protection of Rights on Marriage) Bill completes Parliament’s approval of a ban on the inequitable practice of Triple Talaq. A milestone in the quest for gender justice; a moment of satisfaction for the entire country,"
Effects of the passage of the Bill:
The pronouncement of instant Triple Talaq is void and illegal.
As opposed to the earlier law, Triple Talaq is now a punishable offence which can be punishable with imprisonment up to three years or fine or both.
The offence is cognizable (within the jurisdiction of the court) if the Muslim women, upon whom the Triple Talaq is pronounced files a complaint to an officer in charge of the police station.
The offence shall be compoundable (those offences where the complainant enters into a compromise and agrees to have the charges dropped against the accused) at the instance of the married Muslim women upon whom Triple Talaq is pronounced.
An offender can be arrested without a Warrant
On an application by the accused, no person alleged of a punishable offence shall get bail unless the magistrate is satisfied that there are reasonable grounds to grant bail, after hearing the Muslim women.
Married Muslim women upon whom Triple Talaq is pronounced entitled to receive from her husband, such amount of subsistence allowance as determined by Magistrate.
Married Muslim women shall be entitled to custody of her minor kids in the event of pronouncement of Triple Talaq by her husband, as determined by the Magistrate.