Instant triple talaq non-bailable offence, 3 years jail, fine for guilty: Draft law
By Team Legistify / 2017-12-02

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Over three months after the Supreme Court “set aside” the practice of instant triple talaq or talaq-e-biddat, the Centre has drawn up a draft law which makes it a “cognizable and non-bailable” offence, punishable with three years jail and a monetary fine. The draft law — Muslim Women (Protection of Rights on Marriage) Act — also allows a woman who has been given instant triple talaq to move court, seeking “subsistence allowance” for herself and dependent children, as well as custody of minor children. A Bill to this effect is likely to be tabled in the winter session of Parliament, highly placed government sources said on Friday.

The proposed law, which empowers Muslim women, applies to instant triple talaq in “oral, written, electronic or any other form”. Any declaration of talaq-e-biddat by a Muslim man shall be “illegal and void”, says the draft law.

The terms of the proposed legislation were finalised after discussions, by a Group of Ministers (GoM) which included Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravi Shankar Prasad.


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