Triple talaq to be a crime now with 3-yr jail term as Modi Govt approves it via Ordinance route
Union
Cabinet, chaired by Prime Minister Narendra Modi, Wednesday approved an
ordinance making instant triple talaq a punishable offence with a three-year jail
term. The move comes after the government failed to push the triple talaq bill
or — The Muslim Women (Protection of Rights on Marriage) Bill, 2017 — in the
Rajya Sabha during the recent monsoon session owing to lack of consensus among
political parties in the House.Under the Ordinance, the crime will be
recognised only when the woman herself or her blood relative files a complaint.
Second, the case may be dropped if the duo reaches a compromise, but only if
the wife approaches the magistrate. Third, the magistrate can grant the accused
bail, on reasonable grounds, but only after hearing the wife. The wife will be
given custody of the child and is entitled to maintenance — decided by the
magistrate — for herself and her children.Addressing the media after the
Cabinet meeting, Law Minister Ravi Shankar Prasad said there was a “compelling
necessity and an overpowering urgency” to approve the Ordinance. “I have said
this before, the issue of triple talaq has nothing to do with faith, mode of
worship or religion. It is a pure issue of gender justice, gender dignity and
gender equality,” he said. Targeting the Congress for the delay in passing the
Bill, Shankar said he approached the party five-six times, but it did not
respond. “Such a barbaric inhuman, triple talaq curse was not allowed to be
ended by a Parliamentary law because of ambiguity and vacillation of the
Congress party for pure vote bank politics.”On the last day of the monsoon
session, Vice-President and Rajya Sabha Chairman Venkaiah Naidu had deferred
the Bill till the Winter Session, citing the lack of “consensus” in the House.
The Bill was passed in the Lok Sabha last December.The triple talaq bill aims
to ‘set aside’ the centuries-old practice of instant divorce or talaq-e-biddat
by men. It provides for three years imprisonment and a fine for divorcing a
woman by uttering “talaq” three times in quick succession. In August, the
Cabinet approved inclusion of a provision to allow the magistrate to grant bail
to men accused of giving instant triple talaq to their wives. Indian express
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