Instant triple talaq draft law proposes jail term of 3 years

NEW DELHI: A man attempting to divorce his wife through instant triple talaq can be jailed for three years and also fined, according to a draft law prepared by the government to bring the Muslim custom under a legal framework.

The government will table the bill — titled the Muslim Women (Protection of Rights on Marriage) Bill, 2017 — in the winter session of Parliament this month.

The proposed law also gives a victim of instant triple talaq, or talaq-e-biddat, the right to seek maintenance from her husband before a magistrate’s court. She will also be entitled to her children’s custody, a top official in the law ministry told Hindustan Times.

In a landmark judgment, the Supreme Court struck down talaq-e-biddat, a custom under Muslim personal law that allowed a man to divorce his wife by uttering the word “talaq” thrice.

The official said the proposed law covers instant triple talaq given in any form including words spoken, written or communicated through electronic means such as instant messages and emails. The offence will be non-bailable.

“Before the judgment this year, there were 177 reported cases of talaq-e-biddat. Since then, there have been 67. These are only reported cases, the actual figure could be much higher,” the official added.

Since marriage and divorce are subjects that fall under the concurrent list of the Constitution, the ministry also wrote to the state governments on Friday seeking their views “urgently” on the proposed legislation.