What is Triple Talaq ?
Talaq is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can severe all marital ties with his wife. Under the Muslim law, Triple Talaq means liberty from the relationship of marriage, eventually or immediately, where the man, by simply uttering the word ‘talaq’ three times, ends his marriage. This instant divorce is called Triple Talaq, also known as ‘talaq-e-biddat’.
The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the practice of Triple Talaq which gave a Muslim husband special privileges over his wife.
What is the Triple Talaq law?
Triple Talaq, also known as Muslim Women (Protection of Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talaq a criminal offence.
The Rajya Sabha passed the Bill, with 99 votes in its favour and 84 against it. The Triple Talaq law makes the instant triple talaq a criminal offence and provides for a jail term of three years for a Muslim man who commits the crime.
The law also makes Triple Talaq a cognisable and non-bailable offence. Introduced in the Lok Sabha by Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill replaced an Ordinance promulgated on February 21, 2019.
As the Bill was pending for consideration in the Rajya Sabha and the practice of Triple Talaq divorce system was continuing, there was an urgent need to take immediate action to prevent such a practice by making strict provisions in law.
Triple Talaq void and illegal
According to Clause 3 in Chapter 2 of the Bill, “any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal”.
Punishment for pronouncing Triple Talaq
The Clause 3 also states that, “whoever pronounces Triple Talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine”.
According to Clause 7 (c) in Chapter 3, “No person accused of an offence punishable under Triple Talaq law shall be released on bail after the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq was pronounced, is convinced that there are reasonable grounds for granting bail to the accused”.
Custody of children
Clause 6 in Chapter 3 of the Bill states that, “a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate