Almost four months after a Constitution Bench of the Supreme Court deemed it as unconstitutional, the Union Cabinet has cleared a Bill to criminalize the practice of instant Triple Talaq, according to news reports. The Cabinet clearance was criticised by the All India Muslim Personal Law Board as a direct attack on the religious freedom of the Muslim community, while women activists sought collective support of political parties in converting the Bill into law.
Muslim men use the practice to divorce their wives by mentioning the word 'talaq (divorce)' thrice in one go. Parliament has started today, it is inappropriate to speculate on a Bill not yet available to the Parliament, which is promised to be made available to Parliament. "As of now, the draft law is prospective in nature".
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The recent cases of triple talaq given by using social media platforms like WhatsApp and Skype have prompted the government to mull over the violation of equal rights of women.
According to the proposed law, a victim of instant divorce can seek the custody of her minor children as well as maintenance from her husband by approaching a magistrate after registering a complaint with police.
The government said a separate law was necessary as there were many reports of instant triple talaq even after the Supreme Court's verdict.
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In August this year, the Supreme Court had declared that triple talaq was unconstitutional.
After that, a draft law was prepared and sent to all the states on December 1, who were asked to reply by December 10, according to The Times of India.
The draft for the bill has been drafted by a group of ministers led by Home Minister Rajnath Singh.
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The new law would make it a non-bailable crime that would carry a three-year jail term.