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Modi govt drafts Bill proposing 3 year jail term for husbands in instant triple talaq cases

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9 years ago

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Modi govt drafts Bill proposing 3 year jail term for husbands in instant triple talaq cases

Bill also provides for a subsistence allowance of a harassed Muslim woman and her dependent children along with custodial rights of minor children

In a move that could provide a strong deterrent to the obnoxious practice of instant triple talaq in a section of the Muslim community, the Centre is ready with a draft Bill that proposes a three year jail term for husbands who divorce their wives through Talaq-ul-Biddat – uttering the word talaq three times in one go.

Over three months after a majority verdict by a five-judge Bench of the Supreme Court decried Talaq-ul-Biddat to be “unislamic, arbitrary and unconstitutional”, Prime Minister Narendra Modi’s government is ready with a draft law that would ban instant triple talaq.

The Bill, which proposes a three year jail term and monetary fine for Muslim husbands who divorce their wives by merely uttering talaq thrice in a single stroke – often through Whatsapp or e-mail – is likely to be tabled for passage in the upcoming winter session of Parliament that will be convened from December 15.

The draft Bill, according to media reports, proposes to make instant triple talaq a “cognizable and non-bailable” offence, while it also proposes a slew of other measures like a subsistence allowance and custodial rights of minor children for the wronged Muslim woman in a marriage.

The Bill, which could replace the controversial Muslim Women (Protection of Rights on Divorce) Act, 1986, once it is passed by Parliament has been drafted by a Group of Ministers (GoM) that was constituted by Prime Minister Narendra Modi in the aftermath of the Supreme Court’s historic verdict that banned instant triple talaq in August. The GoM included Union ministers Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravi Shankar Prasad. The GoM was set up after two members of the Supreme Court Bench – then Chief Justice JS Khehar and Justice S. Abdul Nazeer – said in their minority verdict that the issue of banning instant triple talaq should be dealt through legislation and not by the judiciary.

The draft law, titled Muslim Women (Protection of Rights on Marriage) Act, according to a report in the Indian Express, allows a Muslim woman who has been given instant triple talaq to move court, seeking “subsistence allowance” for herself and dependent children, as well as custody of minor children.

These rights were not adequately dealt with in the Muslim Women (Protection of Rights on Divorce) Act, 1986 which was drafted by the Congress government under then Prime Minister Rajiv Gandhi and passed by Parliament largely as a means to overturn the Supreme Court verdict in the Shah Bano case. The 1986 Act had largely dealt with the issue of providing maintenance to the Muslim woman who has been divorced through Talaq-ul-Biddat and had not gone into other equally important issues such as provision for a ‘subsistence allowance’ for her children or her custodial rights of minor children.

The proposed law, sources privy to the draft said, expressly bans instant triple talaq in “oral, written, electronic or any other form” and states that any declaration of Talaq-ul-Biddat by a Muslim man shall be “illegal and void”.

It may be recalled that the All India Muslim Personal Law Board while opposing judicial intervention in the instant triple talaq case had expressed that it was open to a ban on Talaq-ul-Biddat being imposed through an Act of Parliament.

The Bill, once enacted into a law by Parliament, will apply to all Indian states with the exception of the Muslim-majority Jammu and Kashmir since the northern state enjoys autonomy under the Indian Constitution on drafting its own laws.

According to media reports, 244 cases of triple talaq — 177 before the Supreme Court’s verdict of August 22 and 67 ever since — have been reported from across the country this year, with Uttar Pradesh leading the list in Talaq-ul-Biddat cases. These, however, are figures of instant triple talaq cases that are reported and the actual number of such incidents could actually be much higher.

While the merits of banning the practice of instant triple talaq through legislation cannot be denied, it is also important to note that if Prime Minister Modi’s government does succeed in having the law enacted – which it is expected to – there are obvious political and electoral benefits that the move would bring for the BJP.

Banning instant triple talaq has been a poll promise of the BJP for long and the party had raised the issue vociferously during the Uttar Pradesh assembly election campaign earlier this year in the hope that doing so would lead to incremental electoral support among Muslim women for its candidates. BJP leaders had, after the party’s stunning victory in Uttar Pradesh, claimed that Prime Minister Narendra Modi’s pitch for banning instant triple talaq had struck a chord with the Muslim women of the states, who had in turn voted for the BJP. While the truth behind the claim is hard to establish, it certainly makes for good political rhetoric for the BJP which otherwise has an anti-Muslim image.

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Parliament Monsoon Session 2026: Anti-paper leak Bill to be introduced in Lok Sabha today

The Lok Sabha will introduce and consider the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, proposing stricter punishment, fast-track courts and stronger safeguards against paper leaks.

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7 mins ago

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July 27, 2026

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The Lok Sabha is set to take up the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026 for consideration and passage on Monday as the Centre moves to tighten laws against paper leaks and examination-related fraud.

Union Minister Dr Jitendra Singh will seek the House’s permission to introduce the Bill before moving it for consideration and passing during the day’s legislative business.

The proceedings of the Lok Sabha are scheduled to begin at 11 am with the Question Hour, during which ministers will respond to listed oral questions.

Bill proposes stricter action against paper leaks

The proposed amendment aims to strengthen transparency and integrity in the public examination system through stricter legal provisions while safeguarding the interests of students.

Among its major provisions are:

  • Imprisonment of up to 10 years for those found guilty.
  • A fine of up to Rs.10 crore.
  • Confiscation of assets of convicted offenders.
  • A mechanism to ensure verdicts in such cases are delivered within three months through fast-track courts.

The proposed changes follow the Union Cabinet’s approval of the legislation and related measures aimed at tackling paper leaks and examination fraud with stricter punishment and expedited trials.

Supreme Court judges amendment Bill also on agenda

Apart from the anti-paper leak legislation, the Lok Sabha is also scheduled to consider the Supreme Court (Number of Judges) Amendment Bill, 2026.

Union Law Minister Arjun Ram Meghwal will move the Bill for consideration. It seeks to further amend the Supreme Court (Number of Judges) Act, 1956.

Ministers to present implementation reports

Several Union ministers are also expected to place statements before the House on the implementation of recommendations made by various Parliamentary Standing Committees.

Among them:

  • Gajendra Singh Shekhawat will present an update on recommendations related to the Ministry of Tourism.
  • Jayant Chaudhary will report on recommendations concerning the Ministry of Skill Development and Entrepreneurship.
  • Pankaj Chaudhary will table a statement on recommendations relating to the Ministry of Finance.
  • Suresh Gopi will present implementation updates on recommendations made by the Standing Committee on Petroleum and Natural Gas.

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Who are the experts in Nandan Nilekani-led PM Modi’s exam reform task force?

PM Modi has constituted a six-member task force led by Nandan Nilekani to recommend reforms for the National Testing Agency. Here’s a look at the experts on the panel.

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17 mins ago

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July 27, 2026

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Following the announcement of a high-powered task force to reform India’s examination system, the Centre has brought together experts from technology, space research, intelligence, education, cybersecurity and logistics to recommend structural changes for the National Testing Agency (NTA).

The panel, led by Infosys co-founder and technology expert Nandan Nilekani, was announced by Prime Minister Narendra Modi a day after Union Education Minister Dharmendra Pradhan resigned amid nationwide protests over the alleged NEET paper leak.

In a video message shared on social media, the Prime Minister said the government aims to make examinations more reliable, transparent and technology-driven. He said the task force would submit recommendations to improve the credibility of upcoming examinations at the earliest.

Nandan Nilekani to lead the panel

Nandan Nilekani, co-founder and non-executive chairman of Infosys, will head the task force. Widely recognised for leading the Unique Identification Authority of India (UIDAI) and playing a key role in the development of Aadhaar, Nilekani is expected to contribute his expertise in technology, digital infrastructure and data security to the examination reform process.

Former ISRO chief S Somanath

Former Indian Space Research Organisation (ISRO) chairman S Somanath, an aerospace engineer, is also part of the panel. During his tenure, ISRO successfully carried out the Chandrayaan-3 mission. His experience in executing complex, high-precision missions is expected to help strengthen quality control and multi-layered verification processes in examinations.

Former IB director Tapan Deka

Former Intelligence Bureau Director Tapan Kumar Deka has been included for his experience in intelligence and security. A former IPS officer with a postgraduate degree in Physics, he is expected to provide inputs on strengthening intelligence gathering and cyber monitoring to curb organised examination fraud and paper leak networks.

IIT Madras Director V Kamakoti

V Kamakoti, Director of IIT Madras, is another member of the panel. A computer science academic, he has led initiatives related to microprocessor development and information security at the institute. His expertise is expected to support measures aimed at enhancing cybersecurity and protecting examination software and digital infrastructure.

Former Education Secretary Anita Karwal

Former Education Secretary Anita Karwal brings administrative and academic policy experience to the task force. A retired IAS officer from the Gujarat cadre, she is expected to contribute recommendations on examination policies, answer-key mechanisms, evaluation standards and improvements in the functioning of examination centres.

Logistics expert Amrit Lal Meena

Retired bureaucrat Amrit Lal Meena, who previously served as Bihar’s Chief Secretary and as Special Secretary (Logistics) in the Ministry of Commerce and Industry, completes the six-member panel. His expertise in supply chain management is expected to help strengthen the secure printing, storage and transportation of question papers through tamper-resistant logistics systems.

The multidisciplinary panel has been tasked with recommending structural reforms aimed at improving transparency, security and reliability in India’s examination system.

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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

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1 day ago

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July 26, 2026

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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