A draft law, which seeks to make the practice of instant triple talaq “illegal and void” and provides for a jail term for the husband was today cleared by the union cabinet. The nod paves the way for its introduction in Parliament during the Winter session which began on Friday. Law Minister Ravi Shankar Prasad confirmed that the ‘Muslim Women Protection of Rights on Marriage Bill’ has been approved but refused to share details as Parliament is in session.
According to the draft law prepared by an inter-ministerial group headed by Home Minister Rajnath Singh, giving instant triple talaq will be “illegal and void” and will attract a jail term of three years for the husband. The husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case. The bill is being introduced as the practice still continued despite the Supreme Court striking down ‘talaq-e-biddat’ (instant triple talaq). The proposed law would only be applicable on instant triple talaq and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children. The woman can also seek the custody of her minor children.