Ministerial Panel to Consider Law to End Instant Triple Talaq

Ministerial Panel to Consider Law to End Instant Triple Talaq

The government has set up a ministerial committee to consider a legislation to put an end to instantaneous triple talaq or talaq- e-biddat, a Muslim way of divorce which is said to be still in practice despite the Supreme Court striking it down.

Government functionaries, who did not wish to be named, said the Centre was considering to bring in suitable legislation in the winter session of Parliament or amend the penal provisions that would make instantaneous triple talaq an offence.

As the law stands today, a victim of talaq-e-biddat  will have no option but to approach the police for redressal of her grievance as Muslim clergy would be of no assistance to her.

Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law, they explained.

In August, the Supreme Court struck down talaq-e-biddat as arbitrary and unconstitutional.

But there have been reports of a number of divorces by way of talaq-e-biddat even after the judgement, the functionaries said. This could be because of lack of awareness and the absence of deterrent punishment, they said.

Despite advisories being issued to the members of the community against the archaic practice, there seemed to be no decline in the cases of divorce by talaq-e-biddat, they claimed.

Soon after the Supreme Court judgement, the government said that a law on triple talaq might not be necessary as the order was now the law of the land. They felt that the provisions of the Indian Penal Code were sufficient to deal with cases when aggrieved women approached police.

In a recent case of talaq-e-biddat, a man working with a leading educational institution divorced his wife through WhatsApp and SMS, the functionaries said quoting media reports.

Source: The Hindu

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