What is Triple Talaq ?
Talaq is an Islamic phrase for divorce, denoting dissolution of marriage whilst a Muslim guy can extreme all marital ties together along with his spouse. Under the Muslim regulation, Triple Talaq approach liberty from the connection of marriage, in the end or immediately, wherein the guy, via way of means of sincerely uttering the phrase ‘talaq’ 3 times, ends his marriage. This immediately divorce is referred to as Triple Talaq, additionally called ‘talaq-e-biddat’. The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the exercise of Triple Talaq which gave a Muslim husband unique privileges over his spouse.
What is the Triple Talaq regulation?
Triple Talaq, additionally called Muslim Women (Protection of Rights on Marriage) Bill, 2019, become surpassed via way of means of the Indian Parliament as a regulation on July 30, 2019, to make immediately Triple Talaq a crook offence. The Rajya Sabha surpassed the Bill, with ninety nine votes in its favour and eighty four towards it. The Triple Talaq regulation makes the immediately triple talaq a crook offence and gives for a prison time period of 3 years for a Muslim guy who commits the crime. The regulation additionally makes Triple Talaq a cognisable and non-bailable offence. Introduced withinside the Lok Sabha via way of means of Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill changed an Ordinance promulgated on February 21, 2019. As the Bill become pending for attention withinside the Rajya Sabha and the exercise of Triple Talaq divorce machine become continuing, there has been an pressing want to take on the spotaneously motion to save you the sort of exercise via way of means of making strict provisions in regulation.
Triple Talaq void and illegal
According to Clause three in Chapter 2 of the Bill, “any pronouncement of talaq via way of means of someone upon his spouse, via way of means of words, both spoken or written or in digital shape or in every other way whatsoever, will be void and illegal”.
Punishment for pronouncing Triple Talaq
The Clause three additionally states that, “whoever broadcasts Triple Talaq upon his spouse will be punished with imprisonment for a time period which may also expand to 3 years and fine”. According to Clause 7 (c) in Chapter three, “No man or woman accused of an offence punishable beneathneath Triple Talaq regulation will be launched on bail after the Magistrate, on an utility filed via way of means of the accused and after listening to the married Muslim female upon whom talaq become pronounced, is satisfied that there are affordable grounds for granting bail to the accused”.
Custody of Minors
Clause 6 in Chapter three of the Bill states that, “a married Muslim female will be entitled to custody of her minor youngsters withinside the occasion of pronouncement of talaq via way of means of her husband, in such way as can be decided via way of means by the Magistrate”.