Talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Talaq-ebiddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.
The Supreme Court in Shayara Bano case (2017) had declared the practice of Triple Talaq (talaq-e-biddat) as unconstitutional.
The government had proposed the Muslim Women (Protection of Rights on Marriage) Bill in the Parliament and sought to make triple talaq a punishable offense under the law.
The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
The Bill makes a declaration of talaq a cognizable offense, attracting up to three years’ imprisonment with a fine. (A cognizable offense is one for which a
police officer may arrest an accused person without warrant.)
The offense will be cognizable only if information relating to the offense is given by
The married woman (against whom talaq has been declared)
Any person related to her by blood or marriage.
On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional and made it a punishable act from 1 August 2019 which is deemed to be in effect from 19 September 2019.