1. TRIPLE TALAQ DRAFT BILL:
Uttar Pradesh has become the first state to endorse the centre’s draft bill that makes instant triple talaq a cognisable and non-bailable offence.
Triple Talaq, also known as talaq-e-biddat, instant divorceand talaq-e-mughallazah (irrevocable divorce),is a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. It allows any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for “divorce”) three times in oral, written, or more recently electronic form.
Key features of the Draft ‘Muslim Women Protection of Rights on Marriage Bill’:
• As per the draft, tripe talaq or talaq-e-biddat will be a “cognisable and non-bailable” offence punishable with three years imprisonment and the wife will be entitled to maintenance and the custody of children if they are minor.
• The proposed law would only be applicable on instant triple talaq or ‘talaq-e-biddat’ and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for her and minor children. The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
• Under the draft law, triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be bad or illegal and void.
• 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.