The instant Triple Talaq has already been declared unconstitutional by the Supreme Court and is therefore, non est.
As per this bill, a Muslim man can be jailed for up to three years along with a fine at the instance of the wife or a blood/marital relative of the wife. This provision has the potential to destroy a marriage because of a false complaint by a scheming relative.
Under the bill, the magistrate will grant bail only after hearing the wife. This provision has far reaching consequence as a man may only get bail on the conditions imposed by the wife.
This bill is in violation of Art 14 of the constitution as it discriminates between Muslim women and women of other religions. Section 498A of IPC, Domestic Violence Act and Dowry Prohibition Act already applies to Muslims. Therefore there is no need of having an additional law to protect only Muslim women.
There are several contradictions to the bill that in section 3 of the bill, it says that Talaq- e- Biddat is void but in section 5 and 6 it discusses post divorce issues such as subsistence allowance for the women and custody of her minor children as if marriage is dissolved through Talaaq –e –biddat (Triple Talaq).
The ordinance also provides for subsistence allowance for the wife. However if the husband is in the jail how will he able to provide the subsistence allowance over and above the maintenance he has to provide under other laws applicable.
The Supreme Court in Triple Talaq judgment nowhere said that Triple Talaq should be criminally punished.
Imprisonment not for abandoning his wife but merely for chanting Talaq three times resulting in imprisonment upto 3 years and fine or both. Considering that causing death by negligence provides for a punishment of imprisonment of only up to 2 years and or a fine, it is rather extreme that the mere utterance of Triple Talaq (which is already legally void due to the SC Judgment and has no meaning in law) will attract a higher penalty than causing death by negligence (section 304A of IPC).
This bill will cause distress to familial ties and matrimonial relationships that the only option available to the aggrieved Muslim husband would be to walk out of marriage and abandon the wife.
As per report in 2016, the separation case of Muslim women was 4.8 /1000 compared to 5.5/1000 reported for Hindu women.