Govt may bring in law against Triple Talaq

With Triple Talaq Still Taking Place Government Ready With New Plan

The Centre is planning to introduce legislation to end the instant triple talaq in the upcoming Winter Session of Parliament.

The All India Shia Personal Law Board (AISPLB) welcomed the NDA government's decision to set up the ministerial committee to consider a legislation to end triple talaq. "The government's endeavour to bring a suitable legislation/amending existing penal provisions will be a step forward to this end".

The government has set up a ministerial panel to frame the legislation, which is expected to be taken up for discussion in the winter session of Parliament.

On August 22, the Supreme Court struck down instant triple talaq or talaq-bid at while declaring it unconstitutional.

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As the law stands today, the victims of Talaq-e-Bid'at have no option but to approach the police for the redress of their grievance as the Muslim clergy can not come to their aid.

The judgment was widely appreciated by several women groups and sections of the Muslim society, though a few clerics also called it as against the Shariah and an unnecessary meddling by the courts in the Muslim Personal Law. It could also be because of lack of deterrent punishment for the Talaq-e-Bid'at, officials said. "In spite of advisories to the members of the community against this archaic practice, there seems to be no decline in the practice of divorce by talaq-e-biddat", said a senior law officer explaining the objectives and need for the law. This decision comes in the wake of the judgement given by the Supreme Court of India in the matter of Shayara Bano Vs. Union of India and others connected matters.

"There have been reports of number of divorces by way of Talaq-e-biddat happening even after the above said judgement by the Supreme Court". Once a law is in place, the Muslim clergy will have no role in cases of talaq-e-biddat and women can directly approach the police for redressal.

If the government succeeds in drafting the forward-looking legislation and having it passed by Parliament, the move could, as many in the BJP say, help the saffron party make substantial in-roads in the significant vote-bank of Muslim women who have been adversely affected by the "unislamic" practice for decades. The wife later went to police.

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