New Delhi, Nov 21: The government has set up a ministerial committee to consider a legislation to put an end to instantaneous triple talaq, the Muslim way of divorce, which is said to be still in practice despite the Supreme Court striking it down.
Government functionaries, who did not wish to be named, said that the Centre was considering bringing a suitable legislation or amending existing penal provisions, which would make instantaneous triple talaq an offence.
As the law stands today, a victim of ‘talaq-e-biddat’ would have no option but to approach the police for redressal of her grievance as a Muslim clergy would be of no assistance to her.
Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law, they explained.
The ministerial committee has been constituted to frame a law, and the government plans to bring this legislation in the Winter Session of Parliament, the functionaries said.
In August, the Supreme Court struck down the controversial Islamic practice of instant divorce or ‘talaq-e-biddat’ as arbitrary and unconstitutional.
Talaq-e-biddat involves Muslim men divorcing their wives by mentioning the word ‘talaq (divorce)’ three times in one go, sometimes over email, WhatsApp messages or letters. In August, the top court had struck down the custom as arbitrary and unconstitutional in a verdict that was hailed as a watershed moment for gender justice in India.
But in the subsequent months, there were several complaints of instant triple talaq from across the country with Muslim women saying they were divorced through the custom despite the SC order. “Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law,” the sources said. The government’s proposed move could help plug that loophole.
“It is to this end that the positive step being taken by the government of enacting legislation will go a long way in deterring the Muslim husbands from divorcing their wives…,” the sources added. They said the reason behind the new cases of triple talaq could be lack of knowledge about the SC decision, or the absence of legal punishment.
Meanwhile, Muslims organisations reacted to the government’s decision with caution. (Agencies)
