(a) whether the Supreme Court has pronounced its judgement that triple talaq practice is invalid;
(b) if so, the details thereof and the reasons advanced by the Court in support of its judgement;
(c) whether the Government proposes to bring forward a legislation in this regard;
(d) if so, whether all the stakeholders were consulted before drafting such legislation and their views incorporated in it;
ANSWER
MINISTER OF LAW & JUSTICE,
COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) Yes, Sir.
(b) The Constitution Bench of the Supreme Court in the case of Shayara Bano Vs Union of India and Others[Writ Petition (Civil)No. 118 of 2016] and other connected matters, on the 22nd August, 2017, in a majority judgement 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 material tie can be broken capriciously and whimsically by a Muslim husband without any attempt at reconciliation to save it. The full text of the judgment is available in the website of the Supreme Court.
(c) The Muslim Women (Protection of Rights on Marriage) Bill, 2019 to replace the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019(Ord.4 of 2019) has been introduced in Lok Sabha on the 21st June, 2019.
(d) Comments/views have been sought from all the State Governments/Union territory Administrations before the Muslim Women (Protection of Rights on Marriage) Bill, 2017,was introduced in the Sixteenth Lok Sabha ( i.e. on the 28th December, 2017).