# QUESTION # BASED # ON # THE # HINDU #

Q1. The Triple Talaq Bill has been criticised for various reasons. Discuss.

Ans. world and, taking note of the stand of the Muslim Personal Law Board deprecating the practice, it should be discontinued. In essence, three of the five judges of the Court held this practice to be void, albeit for different reasons.

• Consequently, they granted an injunction against the practice of triple talaq for a period of six months from the date of judgment, enabling Parliament to legislate on the subject. If such legislation were to be initiated, the injunction would continue till the legislation bore fruition.

Under the act Muslim men, are now liable to be prosecuted for breaching a civil contract, a Muslim marriage being a contract of a civil nature.

• The Supreme Court stated that since instant Triple Talaq is otherwise abhorrent and considered illegal in various Muslim countries around the
• The other aspect, which is of concern, is that there is no provision in this legislation which states that the wife alone can file a complaint alleging that an offence of triple talaq has been committed. A third person can file such a complaint on the basis of which the husband alleged to have pronounced triple talaq can be arrested forthwith. Being non-bailable, only a court is entitled to grant bail. This has several implications: (1) the wife who may not wish to complain, her marriage being intact, has to suffer the consequences of her husband being sent to jail. That affects her husband’s capacity to provide for the family; (2) the complaint may be based on a lie, yet the husband may land in jail; and (3) it is not understood why the husband needs to go to jail when the marriage is subsisting and valid.
• Further, the concept of subsistence allowance and the right of a woman to custody of her minor children in the event of pronouncement of talaq by her husband are both alien to a marriage which is subsisting and intact. Subsistence allowance or maintenance and child custody are issues which become relevant if there is a proceeding for divorce and the husband chooses not to maintain the family. That cannot be the case here.
• The legislation although criticised is a step forward towards gender justice. Similar steps should be taken to protect vulnerable women from all religions.