The Centre is set to introduce the triple talaq bill in the Rajya Sabha on Friday, a day after the Union Cabinet added a bail provision to the piece of legislation, NDTV reported. The Lok Sabha cleared the Muslim Women (Protection of Rights on Marriage) Bill, 2017, in December.
According to the amendment cleared by the Centre, magistrates can now grant bail to the accused. It was one of the demands made by Opposition parties. The woman can approach the magistrate to seek subsistence allowance for herself and her minor children, and can also seek the custody of her minor children. Magistrates will take a final call on the matter.
The bill criminalises the practice of divorcing by uttering the word “talaq” thrice in any form – spoken, in writing, or over electronic communication. It also proposes a three-year jail term for men who violate the law.
On August 22, 2017, the Supreme Court struck down triple talaq, calling the Islamic practice unconstitutional. It ruled that the law violates Article 14 of the Indian Constitution, which provides for equality before the law. The All India Muslim Personal Law Board had opposed the verdict, saying it was “contrary to the protection guaranteed by the Constitution of India”.