New Delhi, Nov 21 (UNI) The Government is proposing to bring in a legislation in the coming winter session of Parliament for implementing the Supreme Court order banning the Triple Talaq.
According to sources, a Ministerial Committee has been constituted to frame the Law.
The government will amend the existing penal provisions which shall make instantaneous Triple Talaq an offence.
The apex court in the matter of Shayara Bano Vs Union of India and Other Connected Matters had on August 22, in a majority judgment, set aside the practice of Talaq-e-biddat among Muslim husbands.
The judgment upholds equal rights and equal protection of every person enshrined under Article 14 of the Constitution, irrespective of majority or minority status.
However, there have been reports of number of divorces by way of Talaq-e-biddat happening even after the Supreme Court judgement .
That’s why, the sources said, the Government thought of bringing in law to address the problem.
The sources also pointed out that the All India Muslim Personal Law Board (AIMPLB) had contended that on matters of religious practice, such as Talaq-e-biddat, it was for the Legislature to make law.
The continuation of triple talaq could be because of the lack of knowledge of Muslim husbands about the court decision .
In spite of advisories to the members of the community against this practice, there seems to be no decline in the practice of divorce by Talaq-e-biddat.
As the law stands today, the victims of Talaq-e-biddat would have no option but to approach the police for the redressal of her grievance as Muslim clergy would be of no assistance to her. Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law.
UNI NAZ RSA 1942