India ----- Triple Talaq Now A Criminal Offence, Brief Analysis- By Mohit Singh

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Triple Talaq Bill Passed in India’s Upper House Rajya Sabha. 

Triple Talaq Bill has been finally passed by Rajya Sabha, with respect to women empowerment this bill was much needed to be passed by the parliament. Triple Talaq Bill can play a very crucial role and reform our present society only if it is implemented properly. The actual name of this bill is not Triple Talaq, rather Triple Talaq Bill is a name that has been coined by Indian media. This bill was passed by Rajya Sabha as ‘Muslim Women (Protection of Rights on Marriage) Bill,2019’, waiting for President’s assent after which it will transform into law.


Official Definition of Triple Talaq: Officially this bill makes all declaration of instant divorce, including in written or electronic form, to be void (not enforceable by law) and illegal. Further this bill defines talaq as ‘Talaq-e-Biddat’ or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Talaq-e-Biddat refers to the practice under Muslim Personal Laws where pronouncement of the word ‘Talaq’ thrice either through dialogue, written form or electronic form by a Muslim man to his wife results in an instant and irrevocable divorce. 



Further Declarations: This bill clearly declares triple talaq a cognizable offence (Cognizable Offence is an offence that comes under the jurisdiction of court rendering power to a police officer to arrest the accused without warrant), thereby attracting up to three years imprisonment with a fine, along with a condition that the complaint has to be filed by a married woman (against whom talaq has been pronounced), or by her blood relatives. Either of the two condition has to be fulfilled for the police to take action. The bill further states that, the Magistrate has the power to grant bail to the accused but it all depends on Magistrate’s discretion, after hearing the woman. The offence may be compounded by the Magistrate upon the request of the woman.

*Compounding simply means stopping the ongoing legal procedure with the agreement of both sides, thereby settling the dispute.

Alimony and Custody of Children: A Muslim Woman is entitled to seek subsistence allowance from her husband for herself and for her children, here Magistrate has been granted the power to determine the amount. She is also entitled to seek custody of her children but again this will be determined by the Magistrate.  


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