[The Bill has been drafted without factoring in inputs from the Muslim
women's groups who had fought for abolition of the triple (or singe
sitting) talaq.
And, the precise provisions are still a closely guarded secret.

The Bill must now be referred to the relevant parliamentary standing
committee and which in turn has to arrange for wide public consultations
involving these groups, in particular.

There's no bonafide ground for any tearing hurry.]

http://www.thehindu.com/news/national/govt-clears-bill-banning-instant-triple-talaq/article21679481.ece

Cabinet nod for Bill making instant triple talaq a crime

Sandeep Phukan

NEW DELHI,  DECEMBER 15, 2017 15:50 IST
UPDATED: DECEMBER 16, 2017 07:48 IST

Instant triple talaq in any form -- oral, written or electronic form -- has
been banned and made a cognisable offence.   | Photo Credit: Rajeev Bhatt

This Bill will adjudicate all cases of instant triple talaq across the
country except Jammu and Kashmir.

The Union Cabinet on Friday approved a Bill that makes instant triple talaq
or talaq-e-biddat a criminal offence and a Muslim husband resorting to
instant talaq can be jailed for up to three years.

The government intends to introduce the Bill in the winter session of
Parliament that got under way on Friday. “I cannot discuss details of the
Bill. All I can say is that it aims to provide a shield to the helpless
victims of triple talaq,”said Law Minister Ravi Shankar Prasad.

Last month, the Law Ministry had written to all the States for their
comments and asked them to revert urgently.

“Many States have supported the Bill,” said the Law Minister, without
indicating if any Opposition-ruled State disapproved of the move.

The proposed Muslim Women Protection of Rights on Marriage Bill will deal
with complaints against instant triple talaq across the country, except
Jammu and Kashmir.

The issue of ending instant triple talaq was part of the BJP’s political
campaign in the Uttar Pradesh elections and on Friday Prime Minister
Narendra Modi is said to have told his colleagues that it was a ‘historic
move’ to ensure gender justice.

The Congress said it supports progressive laws that stop practices like
instant triple talaq but would comment on the proposed Bill only after the
contents are made public.

Subsistence allowance
As per provisions of the draft Bill, earlier reported by The Hindu, a
husband who resorts to instant triple talaq can be fined or face a jail
term of up to three years.

Instant triple talaq in any form — oral, written or electronic form — has
been banned and made a cognisable offence. The Bill also provides for a
subsistence allowance of a harassed Muslim woman and her dependent children
and the custodial rights of minor children. In August, the SC had passed a
landmark judgment terming instant triple talaq “llegal and
unconstitutional.”

However, government sources say data suggests even after the judgement,
there have been 66 cases of instant divorce until November. And before the
judgment, there were 177 cases with Uttar Pradesh and Bihar recording the
maximum number of cases.

Prime Minister Modi had set up an inter-ministerial group to examine the
issue after the Supreme Court judgment and it included top Ministers such
as Arun Jaitley (Finance), Rajnath Singh (Home), Sushma Swaraj (External
Affairs), Ravi Shankar Prasad (Law), his deputy P.P. Chaudhary and the
junior Minister in the Prime Minister’s Office Dr. Jitender Singh.

Landmark judgement
In August last, the Supreme Court passed a landmark judgement calling
instant triple talaq as illegal and unconstitutional. However, government
sources say, data suggests that even after the judgement, there have been
67 cases of instant divorce. Before the judgement, there were 177 cases of
instant divorces, with Uttar Pradesh and Bihar recording the maximum number
of cases.

Post the Supreme Court verdict, Prime Minister Narendra Modi set up a group
of ministers comprising Finance Minister Arun Jaitley, Home Minister
Rajnath Singh, External Affairs Minister Sushma Swaraj and Law Minister
Ravi Shankar Prasad.

The issue of ending instant divorce was part of the BJP's political
campaign in the Uttar Pradesh elections and the party believes it paid
dividends among the Muslim women who have been victims.


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