Concerns in Passing Triple Talaq Bill

Why in news?

Muslim Women (Protection of Rights on Marriage) Bill has not been passed by the Rajya Sabha.

What is Muslim Women bill about?

• The Muslim Women (Protection of Rights on Marriage) Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. 
• It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. 
• Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

What are the significant provisions of the bill?

• Offence and penalty - The Bill makes declaration of talaq a cognizable and non-bailable offence.
• A cognizable offence is one for which a police officer may arrest an accused person without warrant.
• A husband declaring talaq can be imprisoned for up to three years along with a fine.
• Allowance - A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. 
• The amount of the allowance will be decided by a First Class Magistrate.
• Custody of minor children - A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. 
• The determination of custody will be made by the Magistrate.

What is the present status of the bill?

• The Muslim Women (Protection of Rights on Marriage) Bill which is most commonly known as Triple talaq bill was introduced in Lok Sabha by the law ministry in 2018.
• The bill was successfully passed in Lok Sabha and it was pending before the approval of Rajya Sabha.
• As there was no consensus on the Bill the legislation was failed to pass in the Rajya Sabha.
• The ruling party claimed the Bill criminalises the practice of instant triple talaq but the Opposition has been maintaining that the Bill brings a criminal angle to a legislation on civil matters.
• The Opposition had urged the Union to send the Bill to a select committee.
• Thus the speaker of Rajya Sabha cleared that triple talaq Bill would need a border consensuses and it need to be discussed among the floor leaders of various parties.

Source: Business Line, PRS India