The draft law, which provides for three years in prison and a fine for a Muslim man trying to divorce his wife by uttering "talaq" three times, got the UP government's approval at a meeting of the state cabinet chaired by Chief Minister Adityanath here last night.
"The Centre's draft Bill on triple talaq has been endorsed by the Cabinet. The Centre had asked the states to send their respective views on it by December 10," UP government spokesman and cabinet minister Siddharth Nath Singh said.
There have been 177 reported cases of instant talaq before the judgement and 66 after the Supreme Court order this year and Uttar Pradesh tops the list, he said.
As per the draft, tripe talaq or talaq-e-biddat will be a "cognisable and non-bailable" offence punishable with three years imprisonment and the wife will be entitled to maintenance and the custody of children if they are minor.
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The draft 'Muslim Women Protection of Rights on Marriage Bill' was sent by the Centre to the states for their views as the practice continued despite the Supreme Court striking it down.
The draft was prepared by a ministerial group headed by Home Minister Rajnath Singh.
The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house she should have legal protection.
All India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rashid Farangi Mahali questioned the need for making the law when the apex court had already termed triple talaq as unconstitutional.
"In the draft there is a provision of three-year jail to the husband and compensation to the wife. When the husband will go to jail, how will he pay the compensation," he wondered.
All India Muslim Women's Personal Law Board (AIMWPLB) chairperson Shaista Amber said that before finalising the Act, the organisation which worked against triple talaq should have been consulted.
The All India Shia Personal Law Board (AISPLB) welcomed the NDA government's decision to enact a law to end triple talaq.
Some of the activists who spearheaded the movement against 'triple talaq' have maintained that they want nothing less than a Muslim personal codified law, and that merely amending the IPC would not suffice.
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