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Explained: What makes Triple Talaq Bill so contentious

The Triple Talaq Bill seeks to make instant triple talaq a criminal offence punishable with three years in jail. The bill, often described as "contentious", is aimed at Muslim men who divorce their wives by pronouncing "talaq" thrice in one go.

India TV News Desk Edited by: India TV News Desk New Delhi Updated on: July 25, 2019 17:01 IST
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What makes Triple Talaq Bill so contentious. Read on

The Triple Talaq Bill seeks to make instant triple talaq a criminal offence punishable with three years in jail. The bill, often described as "contentious", is aimed at Muslim men who divorce their wives by pronouncing "talaq" thrice in one go. 

It was in 2017 that the Supreme Court declared instant triple talaq unconstitutional, ruling that pronouncement of "talaq" three times by a Muslim man to his wife does not end their marriage. Following up, the Modi government introduced a bill in the Lok Sabha. 

But why is it so contentious? Here's for you to know:

  • Cognisable offence: Triple Talaq Bill deems instant triple talaq a cognisable offence. This is one point of contention. The cognisable nature of the instant triple talaq has raised eyebrows with many contending that it provides ground for misuse. 
  • Non-bailable nature: Concerns were raised over the rights of the Muslim man over non-bailable nature of the offence when the triple talaq bill was brought in initially. Yes, later there was an added provision for bail to the accused in the modified bill. But even the provision didn't prove enough of a pacifier to those opposing. Now, a magistrate can grant bail to the accused after hearing the aggrieved wife. Those opposing the Triple Talaq bill argue that while pronouncing talaq thrice will no longer end the marriage, so on what basis can the man be jailed and denied bail for something that holds no legal value.
  • Subsistence allowance: The Triple Talaq Bill calls for a Muslim man, who has divorced his wife, to provide subsistence allowance to her and their children. But those opposing the bill have contended that the Muslim man cannot be forced to provide subsistence to the woman when it is not considered divorce in wake of the Supreme Court order.

ALSO READ | Why PM Modi is serious about passage of Triple Talaq Bill in Parliament?

ALSO READ | Maharashtra woman alleges husband gave her 'triple talaq' on WhatsApp

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