Triple Talaq law may be misused – Know how

Triple Talaq law may be misused – Know how

New Delhi: Triple Talaq Bill will be tabled in Rajya Sabha next week.

The Bill making triple talaq illegal with up to three years in jail for the husband has taken another step with the Lok Sabha passing it.

The bill was passed with most of the leading parties in the Opposition, including the Congress party, voting in favour of the bill, but with caveats. It was passed after the House rejected a string of amendments moved by various Opposition members

However, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi said that the Triple Talaq bill violated the fundamental rights of Muslims.

He also alleged that the Centre gave an advantage to the offenders and was not helping the situation.

All the amendments moved by Asaduddin Owaisi, Biju Janata Dal’s (BJD) Bhartruhari Mahtab, the Congress party’s Sushmita Dev and the Communist Party of India’s (Marxist) A. Sampath were negated in the Lower House of the Parliament.

Meanwhile, the passed bill will now be introduced in the Rajya Sabha for passage before it is forwarded to the President for signing it into a law.

The bill, if becomes law, will make Triple Talaq a criminal offence. It proposes a three-year jail term for a husband who pronounces “Triple Talaq” in either spoken or written or in any other manner.

Is the law may be misused?

According to the report published in India Today, as the law makes instant “Triple Talaq” cognizable and non-bailable, police can arrest husband who pronounces it without a warrant. Accused cannot get bail from the police station. He has to get it from the court.

It is also reported that there are fears that the law may be misused as it happened in case of Section 498 (A)

It may be mentioned that in July, Supreme Court issued guidelines to police and magistrates to check the misuse of anti-dowry law.

Commenting on Triple Talaq Bill, Mr. Atul Kumar, senior Supreme Court lawyer said that government should learn from the experience of anti-dowry law. He also said that government should put checks and balances to prevent the misuse of the law.

It may be noted that there is also a contradiction in the law. According to the bill, instant Triple Talaq if pronounced shall be null and void. The bill also punishes a man for the same act.

However, commenting on the provision of allowance, Mr. Atul said that there is no contradiction in the bill.

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