India: Instant triple talaq illegal, 3-year jail term for husband

Muslim men pronouncing instant triple talaq can get a three-year jail term, a draft law that declares it "illegal" and "void" has proposed.

According to the draft law, which will be applicable to the whole of India, except Jammu and Kashmir, pronouncing instant triple talaq will also attract a fine. It will be a non-bailable and cognisable offence.

Under the draft law, triple talaq in any form -- spoken, in writing or by electronic means such as email, SMS and WhatsApp -- will be illegal and void, a senior government official said today.

The draft 'Muslim Women Protection of Rights on Marriage Bill' has been sent to state governments for their views, the official said, adding they have been asked to respond to it urgently as "the plan is to bring it in the winter session of Parliament".

Aimed at curbing the practice which continues despite the Supreme Court's historic verdict declaring it illegal and unconstitutional, the draft Bill has been prepared by an inter-ministerial group headed by Home Minister Rajnath Singh.

Other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and Minister of State for Law PP Chaudhary.

The proposed law empowers the victim (Muslim woman) to approach a magistrate seeking "subsistence allowance" for her and minor children. She can also seek the custody of her minor children from the magistrate.

"The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house, she should have legal protection," the official said.

The official said despite the top court's August 22 verdict declaring it illegal, the practice of triple talaq was still continuing. There had been 177 reported cases of instant talaq before the judgment and 66 after the order so far and Uttar Pradesh topped the list, forcing the government to think of a law to curb it.

He said the provisions of the Domestic Violence Act were found to be of little help in such cases even as the government and the PMO were receiving complaints.

As of now, the draft law is prospective in nature. But if Parliament feels, it can be implemented retrospectively once it is passed and gets the President's nod, he said. Perhaps women who have been given triple talaq before the proposed law comes into force can also seek custody of minor children and allowance.