Lok Sabha on Thursday took up for consideration thecontentious bill to make the practice of instant triple talaq illegal with upto three years in jail for the husband.
Moving the bill for consideration, Law Minister Ravi ShankarPrasad said the legislation was a must for gender equality and justice asdespite an August 2017 Supreme Court verdict striking down the practice ofinstant triple talaq , women are being divorced by ‘talaq-e-biddat’.He said,since January 2017, 574 such cases have been reported by the media.Threeordinances have so been promulgated as a similar bill moved by the previousgovernment could not get parliamentary nod.
A fresh bill was introduced by the new government in Juneduring the ongoing Parliament session.Under the Muslim Women (Protection ofRights on Marriage) Bill, 2019, divorcing through instant triple talaq will beillegal, void and would attract a jail term of three years for the husband.Prasadsaid to allay fears that the proposed law could be misused, the government hasincluded certain safeguards in it such as adding a provision of bail for theaccused before trial. While the bill makes triple talaq a “non-bailable”offence, an accused can approach a magistrate even before trial to seek bail.
In a non-bailable offence, bail cannot be granted by policeat the police station itself. A provision has been added to allow themagistrate to grant bail “after hearing the wife”, the minister said.
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