Triple Talaq To Be A Non-Bailable Offence With Three-Year Jail Term, Bill To Be Introduced Tomorrow

A bill which seeks to criminalise the practice of triple talaq is expected to be tabled in Lok Sabha by Law Minister Ravi Shankar Prasad tomorrow (28 December). The bill was cleared by the union cabinet last week.

According to the provisions, the husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case. The bill is being introduced as the practice still continued despite the Supreme Court striking down “talaq-e- biddat” (instant triple talaq).

The proposed law would only be applicable on triple talaq and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children. The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

Under the draft law, triple talaq in any form—spoken, in writing or by electronic means such as email and WhatsApp—would be bad or illegal and void. According to the draft law, which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine.

It would be a non-bailable, cognisable offence. After the Supreme Court order striking down the practice, the government was of the view that the practice would end. But it continued and there have been 177 reported cases of instant talaq before the judgement and 66 after the order this year.