Opinion: Why there is a need for Triple Talaq bill

The Centre has decided to bring in legislation during the winter session of Parliament to end the practice of triple talaq. Sources said that a ministerial committee has been constituted to frame a law.

The decision comes in the wake of the judgement given by the Supreme Court of India in the matter of Shayara Bano vs Union of India and other connected matters. In a majority judgment, the court had set aside the practice of Talaq-e-biddat or triple talaq given by Muslim husbands.

The judgment upholds equal rights and the equal protection of every person enshrined under Article 14 of the Constitution, irrespective of majority or minority status. To give life to the order of the Supreme Court, the Centre has decided to take the matter forward and conferred within itself to either bring suitable legislation or amend existing provisions to make instantaneous triple talaq an offence.

Sources in the government say that the call for reforms in the personal law had arisen from the Muslim community itself. The All India Muslim Personal Law Board (AIMPLB) had contended that on matters of religious practice, such as Talaq-e-biddat, it is for the legislature to make law. Sources say that the endeavour is to bring suitable legislation to end the practice.

Sources said the Centre has noticed that there have been reports of anumber of divorces by way of Talaq-e-biddat happening even after the aforesaid judgement by the Supreme Court.

The Centre felt that this was because of two reasons.

Either the decision of the Supreme Court had not become common knowledge or the lack of deterrence was not changing the mindset on Talaq-e-biddat. In spite of advisories to members of the Muslim community against the practice, there seems to have been no decline in the practice of divorce by Talaq-e-biddat, the Centre noticed.

In a recent instance of Talaq-e-biddat, it was noticed that a person in a leading educational institution divorced his wife via WhatsApp and SMS. Subsequently, the wife approached the police.

The Centre says there may be many such unreported instances of triple talaq happening elsewhere in the country too.

The government feels that as the law stands today, the victims of Talaq-e-biddathave no option but to approach the police for the redressal of their grievances as the Muslim clergy would be of little assistance to them. Even police are helpless as no action can be taken against a husband giving triple talaq in the absence of punitive provisions in the law.

It is to this end that the government is enacting a legislation which will act as a deterrent to husbands divorcing their wives using triple talaq, and empowering Muslim women who find themselves helpless against the practice of 'Talaq-e-biddat'.

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL).