Or­di­nance on in­stant triple ta­laq is re- is­sued

◗ A bill to con­vert the ear­lier or­di­nance, is­sued in Septem­ber 2018, was cleared by the Lok Sabha on De­cem­ber 27, 2018

The Asian Age - - Front Page - AGE COR­RE­SPON­DENT

Hav­ing missed the op­por­tu­nity of get­ting the Mus­lim Women ( Pro­tec­tion of Rights on Mar­riage) Bill 2018 passed in the Ra­jya Sabha after it was passed by the Lok Sabha, the Cen­tre has re- pro­mul­gated the or­di­nance that bans in­stant triple ta­laq.

The Na­tional Demo­cratic Al­liance gov­ern­ment pro­jected this leg­is­la­tion as a land­mark one aimed at em­pow­er­ing mil­lions of Mus­lim women who were vic­tims of in­stant triple ta­laq. The next sit­ting of Par­lia­ment, the fi­nal one of the 16th Lok Sabha, is ten­ta­tively sched­uled be­tween Jan­uary 31 and Fe­bru­ary 13, when the Cen­tral gov­ern­ment is likely to present its in­terim Bud­get.

The gov­ern­ment will try to get the bill passed in the Ra­jya Sabha in this ses­sion.

Hav­ing missed the op­por­tu­nity of get­ting the Mus­lim Women ( Pro­tec­tion of Rights on Mar­riage) Bill, 2018, passed in the Ra­jya Sabha after it was passed by the Lok Sabha the Cen­tre has re- pro­mul­gated the or­di­nance ban­ning the prac­tice of in­stant triple ta­laq.

The NDA regime has pro­jected this leg­is­la­tion as a land­mark one, which is aimed at em­pow­er­ing mil­lions of Mus­lim women who have been vic­tims of in­stant triple ta­laq. The next sit­ting of Par­lia­ment ( which would be the fi­nal one of the 16th Lok Sabha) is ten­ta­tively sched­uled to take place be­tween Jan­uary 31 and Fe­bru­ary 13, 2019, dur­ing which the gov­ern­ment is likely to present its in­terim Bud­get. The gov­ern­ment would try to get the bill passed in Ra­jya Sabha dur­ing this Bud­get Ses­sion. Un­der the Mus­lim Women ( Pro­tec­tion of Rights on Mar­riage) Or­di­nance, 2019, which was is­sued on Jan­uary 12, di­vorc­ing through in­stant triple ta­laq will be il­le­gal and void and would at­tract a jail term of three years for the hus­band.

A bill to con­vert the ear­lier or­di­nance, is­sued in Septem­ber 2018, was cleared by the Lok Sabha on De­cem­ber 27, 2018. How­ever, it was pend­ing in the Ra­jya Sabha.

Since the bill could not get par­lia­men­tary ap­proval, the fresh or­di­nance was is­sued.

Last week, the Union Cab­i­net had ap­proved reis­suance of the or­di­nance. Seek­ing to al­lay the 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. These amend­ments were cleared by the Cab­i­net on Au­gust 29, 2018.

While the or­di­nance makes it a “non- bail­able” of­fence, an ac­cused can ap­proach a mag­is­trate even be­fore trial to seek bail. A pro­vi­sion has been added to al­low the mag­is­trate to grant bail “after hear­ing the wife,” the gov­ern­ment said. The mag­is­trate would en­sure that bail is granted only after the hus­band agrees to grant 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 virtue of her mar­riage.

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