In April, a 5-judge bench of the top court said triple talaq isn't intrinsic to the Quran.
All India Majlis-e-Ittehadul Muslimeen leader and Lok Sabha MP Asaduddin Owaisi however opposed the Bill, shooting off a seven-page letter to Law Minister Ravi Shankar Prasad expressing his concern that "a constitutional value as important as gender justice is being used to merely further cynical political goals".
The Cabinet cleared a draft law that criminalises instant "Triple Talaq", a divorce practice among Muslims on Friday, ahead of it being taken up during the Parliament's Winter Session.
The draft law also proposes a three year jail term for the husband, PTI quoted a senior government functionary as saying. According to Soman, more than the quantum of punishment, the bigger concern was whether women would get rights to the house, maintenance, custody of children and other welfare provisions.
It holds triple talaq in any form-verbal, written or send through electronic means such as an SMS or email - as "illegal and void".
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According to the draft law, which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. Furthermore, since such talaq will not be considered legally valid, a Muslim husband will continue to be bound by legal obligations to his wife.
The supreme court asked the government to frame a law which protects Muslim women from such crimes. It would be a non-bailable, cognisable offence.
The government had earlier constituted a ministerial committee to draft a suitable legistlation which would make instantaneous practice of triple talaq an offence.
It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.