TRIPLE TALAQ NOW AN OFFENCE
NEW DELHI: Triple talaq or instant divorce is now a punishable offence as President Ramnath Kovind gave his assent to the executive order, earlier cleared by the Union cabinet.
With the president’s sign-off on the ordinance, “triple talaq” - the practice of Muslim men uttering “talaq” thrice to get a divorce has become punishable with a jail term of up to three years and a fine. The woman will be entitled to maintenance. The Union Cabinet approved Wednesday an ordinance to ban the practice of instant triple talaq, with Law Minister Ravi Shankar Prasad saying there was a “compelling necessity” to bring the measure as instances of ‘talaq-e-biddat’ continued unabated despite the Supreme Court striking it down. Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision of bail for the accused before trial.
The Law Minister used the opportunity to attack the Congress, questioning Sonia Gandhi’s silence on the issue.
While the proposed law makes it a “nonbailable” offence, an accused can approach a magistrate even before the trial to seek bail.
In a non-bailable offence, bail cannot be granted by police at the police station itself.
Prasad said a provision had been added to allow the magistrate to grant bail “after hearing the wife”.
Sources later said the magistrate would ensure that bail is granted only after the husband agrees to award compensation to the wife as provided in the bill.
The police would lodge an FIR only if approached by the victim (wife), her blood relations or people who become her relatives by her marriage.
Neighbours and others cannot lodge a complaint under the proposed law.
The offence of instant triple talaq will be “compoundable”. Now, a magistrate can use his powers to settle the dispute between a husband and his wife. This will happen only when the wife approaches the court.
Under a compoundable offence, both parties have the liberty of withdrawing the case.
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.
A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
Citing details of instant triple talaq cases, the minister said till now 430 incidents of triple talaq have come to the notice of the government.
NEW DELHI: Terming as historic the ordinance making the practice of triple talaq a punishable offence, BJP president Amit Shah said Wednesday it is also a matter of introspection and guilt for those political parties which forced Muslim women to suffer from it due to their vote bank politics.
Hailing Prime Minister Narendra Modi for the Cabinet's nod to the ordinance, Shah said in tweets that the decision will allow Muslim women to live with dignity in society. Targeting opposition parties such as the Congress, he said, “This ordinance is also a matter of guilt and introspection for them as they forced Muslims women to suffer from this bad practice for decades due to their vote bank politics.”