The NDA Govt Cabinet on Friday Dec 15,2017 cleared a bill that makes instant triple talaq a criminal offence.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 stems from the recent Supreme Court verdict banning instant divorce. The bill proposes three-year jail term for guilty husbands and seeks to make instant triple talaq a cognisable, non-bailable offence
The bill will now be introduced in the Parliament. The government intends to get the statute passed in the Winter Session of Parliament that began on Friday.
The draft was prepared by an inter-ministerial group headed by Home Minister Rajnath Singh. The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry P P Chaudhary.
The proposed law would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.
In August this year, the Supreme Court struck down triple talaq, or instant divorce, by a 3:2 verdict of the constitutional bench.
After six days of historic hearing, which saw some of the top lawyers argue whether triple talaq was essential to Islam or not, the SC was e of the view that triple talaq was not essential to Islam and therefore it should be banned.
Note
The Supreme Court of India (SCI) by a majority verdict August 22,2017 declared that triple talaq was void, illegal and unconstitutional.
Following is the chronology of events
Oct 16, 2015: SC bench asks chief justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in divorce cases while dealing with a case of Hindu succession.
Feb 5, 2016: SC asks then Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of 'triple talaq', 'nikah halala' and polygamy.
Mar 28: SC asks Centre to file report of a high-level panel on 'Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritence and succession'.
SC impleads various organisations, including All India Muslim Personal Law Board (AIMPLB), as parties in the suo motu matter.
Jun 29: SC says 'triple talaq' among Muslims will be tested on "touchstone of constitutional framework".
Oct 7: For the first time in India's constitutional history, Centre opposes in SC these practises and favours a relook on grounds like gender equality and secularism.
Feb 14, 2017: SC allows various interlocutory pleas to be tagged along with the main matter.
Feb 16: SC says a five-judge constitution bench would be set up to hear and decide the challenge to 'triple talaq', 'nikah halala' and polygamy.
Mar 27: AIMPLB tells SC pleas were not maintainable as the issues fall outside judiciary's realm.
Mar 30: SC says these issues are "very important" and involve "sentiments" and says a constitution bench would start hearing it from May 11.
May 11: SC says it would examine whether the practise of triple talaq among Muslims is fundamental to their religion.
May 12: SC says the practise of triple talaq was the "worst" and "not desirable" form of dissolution of marriages among Muslims.
May 15: Centre tells SC that it will bring new law to regulate marriage and divorce among the Muslim community if triple talaq struck down.
SC says it would examine whether triple talaq was an essential part of religion under Article 25 of Constitution.
May 16: AIMPLB tells SC that matters of faith cannot be tested on grounds of constitutional morality, says triple talaq a matter of faith for last 1,400 years.
Equates the issue of triple talaq with the belief that Lord Rama was born in Ayodhya.
May 17: SC asks AIMPLB whether a woman can be given an option of saying 'no' to triple talaq at the time of execution of 'nikahnama'.
Centre tells SC triple talaq is neither integral to Islam nor a "majority versus minority" issue but rather an "intra-community tussle" between Muslim men and deprived women.
May 18: SC reserves verdict on triple talaq.
May 22: AIMPLB files affidavit in SC saying it would issue an advisory to 'Qazis' to tell bridegrooms that they will not resort to triple talaq to annul their marriage.
AIMPLB lists out in SC guidelines for married couples.
These include "social boycott" of those Muslims who resort to triple talaq and the appointment of an arbitrator to settle marital disputes.
Aug 22: SC by majority verdict of 3:2 rules that divorce through triple talaq is void, illegal and unconstitutional and against basic tenets of Quran.
Three judges favour putting on hold for six months the practise, asking the government to come out with a law in this regard.
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