Lok Sabha Question No. 1157 (UNSTARRED), answered on 2018-07-25
Subject: Triple Talaq
Ministry: LAW AND JUSTICE
Asked by: ASADUDDIN OWAISI, KIRRON KHER

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK     S A B H A

## UNSTARRED QUESTION No. 1157 TO BE ANSWERED ON WEDNESDAY, THE 25 TH JULY, 2018. Triple Talaq

1157.  SHRI ASADUDDIN OWAISI: SHRIMATI KIRRON KHER:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether Honourable Supreme Court has pronounced that the practice of triple talaq is invalid  and  if  so,  the  details  thereof  and  reasons  advanced  by  the  court  in  support  of  its judgement;
- (b)  whether  keeping  in  view  the  judgement,  Government  proposes  to  bring  forward  a legislation  in  this  regard  and  if  so,  whether  all  the  stakeholders  were  consulted  before drafting such legislation;
- (c) if so, the details thereof and if not, the reasons therefor and the way in which Muslim women are likely to be benefited by the new legislation;
- (d)  the  number  of  cases  of  triple  talaq  recorded  in  the  country  and  the  State-wise distribution of these cases;
- (e) the number of complaints that have been lodged by Muslim women after being divorced through triple talaq; and
- (f) the details of distress caused to Muslim women as a result of triple talaq?

## MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P.P. CHAUDHARY)

- (a) Yes, Madam.  The Constitution Bench of the Supreme Court in the matter of Shayara  Bano Vs .  Union  of  India  and  Others  [Writ  Petition  (Civil)  No.  118  of

2016]  and  other  connected  matters,  on  22 nd August,  2017,  in  a  majority judgment  of  3:2  set  aside  the  practice  of  ' talaq-e-biddat' -  triple talaq .  The Court found that the said practice of divorce is manifestly arbitrary in the sense that  the  marital  tie  can  be  broken  capriciously  and  whimsically  by  a  Muslim husband without any attempt at reconciliation so as to save it. The full text of the judgment is available in the website of the Supreme Court https://www.sci.nic.in/judgments.

- (b)& (c) In  order  to  prevent  the  continued  harassment  meted  out  to  the  married Muslim women by their husbands, who are still resorting to talaq-e-biddat to divorce them in spite of the same having been set aside by the Supreme Court, the Government hasintroduced, a Bill, namely the Muslim Women (Protection of Rights on Marriage) Bill, 2017, in Lok Sabha on the 28 th December, 2017 and the  same  was  passed  by  that  House  on  the  same  day.  Presently,  the  Bill  is pending in Rajya Sabha. Comments/views have been sought from all the State Governments/ Union territory Administrations before the same was introduced. The Bill, inter alia, protects the rights of married Muslim women and  children  and  prohibits  divorce  by  pronouncing  triple talaq by  their husbands.
- (d) So far approximately 160 cases have been reported from various parts of the country after the judgment of the Supreme Court.
- (e) The Government does not have any details of the complaints that have been lodged by Muslim women after being divorced by triple talaq.
- (f) Thiscannot be explained by any mode of accuracy as the distress may not be similar in all cases.