NEW DELHI: The government on Friday approved a draft law under which the practice of giving instant triple talaq would be made illegal and void and would attract a jail term of three years for the husband, a government functionary has said.

The draft 'Muslim Women Protection of Rights on Marriage Bill' was considered by the Union cabinet which gave its nod, the functionary said.

The draft was prepared by an inter-ministerial group headed by Home Minister Rajnath Singh. The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry P P Chaudhary.

The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.

According to the draft law, giving instant triple talaq will be illegal and void and will attract a jail term of three years for the husband.

The bill also proposes social security and other safeguards for victims, besides giving options to the wife to seek custody of minor children and demand maintenance for herself and dependent children.

The Supreme Court had on August 22 struck down triple talaq, calling the practice unconstitutional and in violation of Article 14 of the Constitution, which provides for equality before the law.