Union Cabinet approved a Bill on instant triple talaq or talaq-e-biddat

•  The Union Cabinet on Friday cleared a bill that criminalises the Islamic practice of instant triple talaq, ahead of it being taken up in the Winter Session of Parliament

Important points of the Muslim Women Protection of Rights on Marriage Bill:

• This bill makes instant triple talaq or talaq-e-biddat a criminal offence and a Muslim husband resorting to instant talaq can be jailed for up to three years.
• This bill will deal with complaints against instant triple talaq across the country, except Jammu and Kashmir.
• The Bill also provides for a subsistence allowance of a harassed Muslim woman and her dependent children and the custodial rights of minor children.
• In August last, the Supreme Court passed a landmark judgement calling instant triple talaq as illegal and unconstitutional.

Arguments in favour of this law

• Muslim Women can now seek justice and remedies if they have been wrongly divorced.
• It is a positive step towards the Uniform civil code and formalisation of laws.
• It deters husbands who have been historically divorcing their wives on whims and trivial issues.
• It encourages more dialogue and settling issues rather than just outright divorce.
• Maintenance for wife and children will be a relief for women because willful non payment will be punished.

Arguments against proposed law

• The practice is termed a criminal offence although the issue is of civil nature. The punishment has been termed too rigorous.
• It can offset family life as it makes the institution of family very vulnerable.
• Just like IPC 498A, it can be a law exploited to tarnish and punish innocent men.
• There is no need for a fresh criminal provision when existing laws, under Section 498A of the Indian Penal Code or provisions of the Protection of Women from Domestic Violence Act, 2005, already allow the prosecution of a husband for inflicting physical or mental cruelty,
• Irrespective of the government’s intent three years in prison of the convicted husband will end up penalising the already aggrieved wife and children too.

By: Vishal