Triple Talaq: The Legal scenario
Instant triple talaq or ‘talaq-e-bidat’ is a practice in which a man pronounces talaq thrice in a sitting or even on phone and thereupon divorce is consider to have take place immediately without any option of re-circulation. Since this form of talaq is oppressive to women there has been a great opposition of same for a long time. Finally, Supreme Court has taken cognisance of this issue and declared it unconstitutional and arbitrary. While passing its verdict, the Supreme Court did not accept the argument that this form of talaq is a pact of Muslim religious practice.
Role played by Government:
The Central Government has passed an ordinance named “Muslim Women (Protection of Rights of Marrige) Ordinance’’ 2018 in which the following main provision have been incorporated:
(a) Triple talaq has been declared as cognisable offence with a maximum imprisonment of three years and fine.
(b) If a Muslim man pronounces triple talaq; his wife and children would be entitled to receive substinence allowance.
(c) Muslim woman would be entitled to custody of her minor children after pronouncement of triple talaq.
(d) The offence committed by Muslim husband is compoundable on insistence of his wife and on such terms and conditions as the Magistrate considers appropriate.
(e) An accused of this offence would get bail only when he files an application and satisfies the Magistrate about reasonable grounds for granting him bail.
(f) The offence of pronouncing ‘Triple Talaq’ becomes cognisable only when Muslim woman files a complaint with the Police in said regard.
(g) Finally, it is important to maintain that foresaid provision of ordinance do not apply to state of Jammu and Kashmir.
The ruling Government has put in the best offer to come up with a formal of legalization over “Triple Talaq’’ but there has been some resistance in the parliament by some Political parties.
However, it is expected that there will be consensus reached on this issue and very soon Muslim Women will finally get a formal act which will protect their interest as early as possible.