Centre could table law banning triple talaq in Winter Session

Tribune News Service

New Delhi, November 21

The central government is current considering making triple talaq an offence by either introducing a new law or amending existing penal provisions.

The decision will give effect to Supreme Court’s order on August 22 of outlawing the practice of Talaq-e-biddat by declaring it unfair to women.

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Official sources said central government had set up a ministerial committee to draft a law that could be introduced in the forthcoming session of Parliament.

In a case is seen as a turning point in the personal laws of the country, the Supreme Court set aside the practice of triple talaq in Shayara Bano Vs. Union of India and Other Connected Matters. The judgement upheld equal rights and equal protection of every person enshrined under Article 14 of the Constitution, regardless of their majority or minority status.

There have been calls for reforms in the Muslim personal law from within the community itself. The All India Muslim Personal Law Board had said that on matters of religious practice, such as Talaq-e-biddat, it is for the legislature to make law.

However, there have been reports of the practice still being widely prevalent throughout the country despite the Supreme Court’s verdict. In a recent case, a person in a leading educational institution divorced his wife through WhatsApp and short message service, forcing her to approach police for help.

The sources said that said that in the absence of deterrence and because victims had little help from the Muslim clergy, they would have no choice but to approach police for help.

 “It is to this end that the positive step being taken by the Government of enacting a legislation will go a long way in deterring the Muslim husbands from divorcing their wives and empowering the Muslim women who find themselves helpless against the use of the practice of 'Talaq-e-biddat',” the sources said.