Context:

Recently, government met the victims of the triple talaq. Government has hailed the triple talaq act as a key reform for muslim women rights.

Triple Talaq act (The Muslim Women (Protection of Rights on Marriage) Bill, 2019)

• The act makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
• It defines talaq as talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. 
• The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.  (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) 
• Magistrate may grant bail to the accused.
• The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared).  Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute.
• Victim is entitled to seek subsistence allowance from her husband for herself and for her dependent children. 

Concerns Related to This act:

• Supreme Court verdict has already prohibited the instant triple talaq.
• There is no rationale to criminalise the practice of talaq-e-biddat and imprison Muslim men.
• Since Muslim marriage is a civil contract between two adult persons, the procedures to be followed on its breakdown should also be of civil nature.
• The government should strengthen the negotiating capacities of women by providing them economic and socio-legal support rather than criminalising the pronouncement of triple talaq.
• No economic and socio-legal support is provided by the government in the Bill to women, children and other dependents, when the erring men are put behind bars.
• The terms of imprisonment up to three years is arbitrary and excessive.

Justification Behind Criminalization of Triple Talaq:

• Continuous reporting of the Triple talaq cases even after outlawing them by Supreme Court.
• Discretion has been given to magistrate to provide the bail.
• Magistrate can also provide maintenance and compensation for the victim and her children.

Supreme Court debate:

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