A Short Analysis of the Triple Talaq Bill

The practice of triple talaq (pronouncement of Talaq by a Muslim man to his wife for divorce) had earlier been declared unconstitutional by a five-judge bench of the supreme court with the ratio of 3:2 comprising of Chief Justice JS Khehar, Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer in the case of Shayara Bano V Union of India and others.

The seventh respondent in the case the All India Muslim Personal Law Board had (AIMPLB) in their affidavit said that it is not for the judiciary to decide upon the religious matter by the legislature.

The bill regarding the triple talaq or Talaq-e-Biddat has been passed in the lower house of the Parliament namely the Lok Sabha and is set to be presented in the Rajya Sabha.

The bill is called as the Muslim women (Protection of rights on marriage), 2018 and has declared pronouncement of triple Talaq as void and has also made it an offence punishable up to 3 years of imprisonment and it shall be liable to a fine also in the second chapter of the act as under:

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL 3. Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. 4. Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

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