Finally, the cabinet has approved the ordinance, making triple talaq or talaq-e-biddat a punishable offence of 3 year jail term. The NDA government first moved this bill in Parliament almost 10 months back. Previously, the amended draft bill failed to clear Rajya Sabha in the last session of Parliament. This Bill aims at putting an end to this barbaric practice of talaq. Know more.
Due to lack of majority in Rajya Sabha, the Bill had not been cleared by Rajya Sabaha. The opposition said there were some gaps in the Bill which can be misused. Hence, the Bill is amended.
Conditions attached to Triple Talaq
There are three conditions attached to ordinance. If the woman herself or her blood relative files a complaint then only Triple Talaq will be recognized as a crime. The case may be dropped if the duo reaches a compromise, but only if the wife approaches the magistrate. The bail can be granted on reasonable grounds to accused, but only after hearing the wife. Under this, the wife will be given custody of the child and is entitled to maintenance — decided by the magistrate — for herself and her children.
Ravi Shankar Prasad on triple Talaq
Ravi Shankar Prasad, minister for law and justice, IT said it was there was a “compelling necessity and an overpowering urgency” to approve the Ordinance. He added that this has nothing to do with mode of worship but it’s an issue of justice, gender dignity and equality.
Muslim Women (Protection of Rights on Marriage) Bill, 2017
Muslim Women (Protection of Rights on Marriage) Bill, 2017, triple talaq in any form — spoken, written or by electronic means such as email, SMS and instant messengers are declared illegal and void, with a punishment of up to three years in jail for the husband.