The law aims to empower a divorced wife who is a victim of the practice to approach a magistrate seeking "subsistence allowance" for herself and minor children as necessary financial support. The projected bill gives a three-year jail sentence as well as fine and says that the offense will be unmistakable and non-bailable. "Both parents should be considered natural guardians of the child and in case of custody, the principle of "best interest of the child" should apply", Soman said.She added that affirmative Quranic provisions such as right to mehr or property rights should also be codified.
Calling the Muslim Women Protection of Rights on Marriage Bill "very important", a senior government official told The New Indian Express that the proposed law was "certainly the government's priority and would get preference over many other bills".
It holds triple talaq in any form-verbal, written or send through electronic means such as an SMS or email - as "illegal and void". However, since this is not a constitutional bill, it will require the backing of a simple majority.
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.
Caliph Omar later approved it as punishment, scholars argue, but later on the practice was annulled by Muslim jurists. If, however, the Act or the Bill seeks to violate and transgress the limits of that Supreme Court judgment, we may well have to do a rethink and let us see that."Mr Singhvi, however, said that it was inappropriate to speculate on a Bill not yet available to the Parliament."We have neither seen the Bill nor its content nor its scope".
Interestingly, some renowned Hanafi scholars have also ruled against concurrent or triple talaq. The women's wing of the All-India Muslim Personal Law Board (AIMPLB) termed the judgement as "contradictory" and "fractured".