The Congress may oppose a proposed legislation criminalising instant triple talaq if it is in violation of a Supreme Court judgement on the matter, party spokesperson Abhishek Singhvi said today. He said the party would support the bill if it was within the Supreme Court’s verdict. “If, however, the Act or the Bill seeks to violate and transgress the limits of that Supreme Court judgement, we may well have to do a rethink and let us see that,” he said. He said the party was yet to see the content of the proposed legislation, which is yet to be made available in Parliament. “Any bill which seeks to criminalise human action, which is what this bill is supposed to be doing, must be within the four corners of the five judgements written in that case,” he told reporters. A draft law which seeks to make the practice of instant triple talaq “illegal and void” and provides for a jail term for the husband was cleared by the union cabinet today. The nod paves the way for its introduction in Parliament during the winter session which began today. Law Minister Ravi Shankar Prasad confirmed that the Muslim Women Protection of Rights on Marriage Bill has been approved but refused to share details as Parliament is in session. According to the draft law prepared by an inter- ministerial group headed by Home Minister Rajnath Singh, giving instant triple talaq will be “illegal and void” and will attract a jail term of three years for the husband.
The husband could also be fined and the quantum of fine would be decided by the magistrate hearing the case. The bill is being introduced as the practice still continued despite the Supreme Court striking down ‘talaq-e- biddat’ (instant triple talaq).