New Delhi: The government plans to introduce legislation aimed at outlawing the controversial Muslim practice of instant triple talaq in the delayed winter session of Parliament.

The government is hoping the piece of legislation—either a new law or an amendment to the existing penal provisions—would help end the practice under which a man can divorce his wife by uttering the word ‘talaq’ thrice at one go.

The government has set up a ministerial panel to frame the legislation, which is expected to be taken up for discussion in the winter session of Parliament. The dates for the session are yet to be decided but is expected to start in December.

“The legislation will be progressive because it will talk about gender justice, social justice and in a way legal justice for women which has been denied to them for past many decades," a senior leader of the ruling Bharatiya Janata Party (BJP) said on the condition of anonymity. “The issue of triple talaq has become a social concern because women have started coming out against it. The practice is now being opposed by women who are financially and socially vulnerable."

The government believes that a victim of instant triple talaq has no option but to approach the police for redressal, given that the religious clergy may not be in a position to assist her.

“Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law. The step taken by the government is a positive message and legislation will go a long way in deterring Muslim husbands from divorcing their wives. Legislation will also empower women who find themselves helpless against the use of the practice," said the BJP leader.

The Supreme Court had on 22 August declared instant triple talaq unconstitutional in a 3-2 majority verdict. The 395-page ruling held the practice to be “violative of the fundamental right under Article 14 (equality before law) of the Constitution of India". The verdict added that the provisions of Muslim Personal Law (Sharia) Application Act, 1937, insofar as they seek to recognize and enforce triple talaq, must be struck down as being void.

Justices Kurian Joseph, Rohinton F. Nariman and U.U. Lalit ruled for scrapping the practice, while chief justice J.S. Khehar and S. Abdul Nazeer upheld it, saying it was up to Parliament to enact legislation governing Muslim marriages and divorce within six months.

“Politically, the government wants to make sure that it brings the bill on the floor of the Parliament so that it can show which non-BJP party supports the bill and which does not. The BJP wants to create problems and make sure that this remains a key issue. It is going to make an appeal to all political parties to unanimously support it," a senior Congress leader said on condition of anonymity.

Legal experts said the move towards abolishing instant triple talaq appeared hurried.

“The Supreme Court has already declared that the practice of instant triple talaq will not be accepted, so now comes the question as to what is meant by banning it all together. The government is only legislating to bring it in line with the judgment... In matters of social reform, I can’t see the great public urgency which requires an ordinance. It is all good to say that we will legislate, but it will have to wait for Parliament to reconvene...,"said senior advocate Sanjay Hegde.

Meanwhile, a political tussle over the delayed winter session continued on Tuesday. Ghulam Nabi Azad, leader of the opposition in the Rajya Sabha and senior Congress leader, said the government was “shying away" from facing Parliament in order to hide its failures. The winter session has been delayed because of Gujarat elections.

The government clarified that the session will take place in December and that its dates would be announced soon. “Usually, care is taken not to overlap the parliament session with assembly elections. It has been done so in the past as well," parliamentary affairs minister Ananth Kumar told PTI.

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