Anti-Triple Talaq law soon? Narendra Modi government is likely to introduce a bill to end the Islamic practice of Triple Talaq in the Parliament during the upcoming Winter Session. ANI reported today that the government has also constituted a Ministerial Committee to frame a Law and the it has been proposed to bring this legislation in the forthcoming session of Parliament. This development comes months after the Supreme Court set aside the regressive practice of Triple Talaq.
In its verdict, the top court had observed that till the time the government comes up with a law banning the practice, “we are satisfied in injuncting Muslim husbands, from pronouncing ‘talaq-e-biddat’ as a means for severing their matrimonial relationship. The instant injunction, shall in the first instance, be operative for a period of six months.”
“If the legislative process commences before the expiry of the period of six months, and a positive decision emerges towards redefining ‘talaq-ebiddat’ (three pronouncements of ‘talaq’, at one and the same time) – as one, or alternatively, if it is decided that the practice of ‘talaq-e-biddat’ be done away with altogether, the injunction would continue, till legislation is finally enacted. Failing which, the injunction shall cease to operate,” SC had said.
The apex court had directed Union Government to come with a legislation to ban Triple Talaq. “…We are satisfied, that this is a case which presents a situation where this Court should exercise its discretion to issue appropriate directions under Article 142 of the Constitution. We therefore hereby direct, the Union of India to consider appropriate legislation, particularly with reference to ‘talaq-e-biddat’.”
The SC further said, “We hope and expect, that the contemplated legislation will also take into consideration advances in Muslim ‘personal law’ – ‘Shariat’, as have been corrected by legislation the world over, even by theocratic Islamic States.
“When the British rulers in India provided succor to Muslims by legislation, and when remedial measures have been adopted by the Muslim world, we find no reason, for an independent India, to lag behind. Measures have been adopted for other religious denominations (see at IX – Reforms to ‘personal law’ in India), even in India, but not for the Muslims.”