The government on Thursday introduced the Triple Talaq Bill in the Lok Sabha as Union Law Minister Ravi Shankar Prasad said that history was being created with the legislation. The Bill was tabled in the Parliament amidst the presence of opposition, including Biju Janata Dal's (BJD) Bhatruhari Mahtab and All India Majlis-e-Ittehadul Muslimeen (AIMIM) member Asaduddin Owaisi.
The Islamic practice which is followed by many Muslim men is something where they are allowed to divorce their wives instantly by uttering divorce (talaq) word three times.
The Bill tabled today states that any man found practising this will be sentenced to three years in jail along with a fine.
"The Bill is not about any religion or community, instead it's in context with the justice and respect for women," Prasad was quoted as saying by PTI. He stressed that the practice of instant talaq is ongoing even after a Supreme Court order termed it void.
The passing of the Bill in the Lok Sabha observed deterrence by Congress' Malikarjun Kharge as he objected following AIMIM's Owaisi who alleged that it violates the Right to Freedom and that the minority wasn't involved in the consultation.
Owaisi also asserted that the Parliament has to decide for the victims of triple talaq, that whether they enjoy fundamental rights or not.
The newly-tabled law is applicable in the entire country, except Jammu and Kashmir, and instant triple talaq will be counted as a non-bailable offence. It would give the right to the victim to approach a magistrate seeking subsistence allowance for herself and minor children.
Under the law, instant "triple talaq" in any form -- spoken, in writing or by electronic means such as e-mail, SMS and WhatsApp -- would be bad or illegal and void.
The Union Cabinet had cleared the Triple Talaq Bill on the first day of the Winter Session of Parliament. The government had decided to introduce legislation to end the practice of instant triple talaq after the Supreme Court struck down the practice.
The controversial issue had earlier enjoyed a 3-2 majority in the five-judge bench of the SC, comprising Chief Justice of India JS Khehar, Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer.
While Justices Nariman, Lalit and Joseph were in favour of doing away with instant triple talaq, CJI Khehar and Justice Nazeer had disagreed with them.