The Cabinet on Friday had cleared the "Muslim Women Protection of Rights on Marriage Bill" to be tabled in both houses of the Parliament, the Lok Sabha and the Rajya Sabha. "It is therefore absurd that a special law is being considered when existing legislation would be sufficient to provide appropriate remedies to Muslim women at the receiving end of triple talaq", he said.
The Supreme Court, in its ruling in August, had declared the practice of instant triple talaq or Talaq-e-bidat unconstitutional and void. Before the judgement, there were 177 cases of instant divorces, with Uttar Pradesh and Bihar recording the maximum number of cases. According to the sources in the All India Muslim Personal Law Board (AIMPLB), the members fear that agreeing to any change on triple talaq would open floodgate of interference in other Sharia matters.
The Muslim Personal Law (Shariat) Application Act, 1937, allows Indian Muslims to be governed by the Shariat.
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Muslim women had been fighting for the law since time immemorial, asking the government to look into the plight of matter. Although the exact details and conditions of the bill are not in the public domain, people have been encouraging all parties to support the bill in the parliament. We have yet to see the Bill if it is within the four corners of different nuances of the four-five judgments of that case.
He also attached a memorandum dealing with the legal and policy ramifications of criminalising triple talaq.
The Supreme Court referred to the fact that several Islamic countries like Pakistan do not allow triple talaq; judges questioned why it should not be abolished in India. The Chief justice at the time J S khehar and Abdul Nazeer were of the view that Triple talaq is an integral part of personal freedom of the Muslim community.