Triple Talaq Bill passed in the Rajya Sabha on Tuesday also. Earlier, this bill has been passed in the Lok Sabha on July 25. It was passed in the Rajya Sabha after the debate over the four divorce debates on the Triple Talaq Bill. The Supreme Court had terminated three divorces as illegal in August 2017. Triple Talaq Bill passed three times in the Lok Sabha, but it got stuck in the Rajya Sabha twice.
For the third time, the central government introduced this bill in the Rajya Sabha, where it got success in getting it passed. After the President’s consent, the law of Triple Talaq will become law.
What are the provisions of the Triple Talaq Bill :
Divorce-e-Bidta i.e. Triple Talaq at one time is illegal
Triple Talaq cognizable offenses, i.e. the police can arrest warrants, but when the woman herself complains
Members of blood or marriage relationship also have the right to file cases
Neighbors or an unknown person can not file a case in this case
Divorce on oral, written, electronic (SMS, email, Whatsapp) was terminated invalid
Provision of the sentence up to three years for the accused husband
The magistrate can bail out the accused
The bail granted to the accused will be given only when the victim’s favor will be heard
On the request of the victim woman, the magistrate may allow the agreement
The suffering woman can claim her husband’s allowance
This judge will decide how much money will be given to the woman
The Magistrate will decide on whom the minor children of the victim will live with.
The Supreme Court had declared unconstitutional
Describing the decision on the Saira Bano case, the Supreme Court’s Constitutional Bench termed three divorces as illegal in 2017. The Bench of 5 judges of different religions had asked the government to bring the three-divorce law within six months on the 3-2 decision. Two judges called it unconstitutional, a judge had said the sin. After this, two judges asked Parliament to make it law.
When what happened
In the Parliament this bill was passed three times from the Lok Sabha but was stuck in the Rajya Sabha. After this, the government has chosen the path of ordinance to legalize it. However within 6 months it was necessary to seal the parliament.
Government Ordinance Or When Ordinance
In spite of the Supreme Court’s decision on the three divorces, the government brought an ordinance on September 2018. On the three divorces, the husband was given the provision of punishment for three years. However, considering the possible abuse, the bill was amended in August 2018.
In December 2018, before the expiry of the duration of this Ordinance, again in December 2018 the government came to renew the Bill in the Lok Sabha. Bill was introduced in the Lok Sabha on December 17, 2018.
However, once again the opposition did not allow it to appear in the Rajya Sabha and demanded to send the bill to the Select Committee. Once again the bill was stuck.
There are restrictions on Triple Talaq in 20 countries
Three divorces have been banned by several Muslim countries. These countries were also mentioned in the Supreme Court on the panel of triple divorce. The panel mentioned Tahir Mahmood and Saif Mahmud’s book, Muslim Law in India. It has said that the three divorces in Arab countries have been terminated.
United Arab Emirates
Apart from this, Southeast Asian countries like Indonesia, Malaysia and the Philippines hold strict laws for divorce.
What is the Triple Talaq ?
Neither the mention of the three divorces has come in the Quran nor in the hadith. That is, three divorces are not the core part of Islam. If a woman suffering from three divorces reached the High Court, then the court has called the triple divorce a non-Islamic in the light of the Quran and hadith. Three times divorce is called ‘divorce-e-bidaddat’.
This work or process, which is being adopted for centuries as the original part of Islam, although this work or process is not proven in the light of the Quran and the hadith.