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In a landmark union cabinet decision the government taking the ordinance route has decided to end the instant triple talaq imbroglio. This move thus makes triple talaq a punishable offence after the government failed to pass it through both houses of Parliament.
The bill had faced a stiff resistance in the Rajya Sabha where several Opposition lawmakers argued that it must be sent to a Select Committee for close scrutiny.
The Triple Talaq Bill covers instant triple talaq delivered in any form whether delivered orally, including telephone or a mobile call, or in writing or through electronic medium like Watsapp or SMS illegal.
The ordinance would have similar provisions as The Muslim Women Protection of Rights in Marriage Act, which was cleared by the Lok Sabha last year. There are two amendments in the ordinance — it provides for conditional bail for the accused, and the FIR can be filed by the victim or a family member of the victim. The ordinance will now be sent to President Ram Nath Kovind for approval, following which it becomes law in the country.
The Supreme Court had in a verdict in August last year declared instant triple talaq illegal and unconstitutional.
In view of the growing Opposition to the proposed legislation, the Centre had even sought the opinion of all state governments on the subject, and, most of them had supported it.
The bill makes instant “triple talaq” a criminal offence and proposes a three-year jail term for a Muslim man who divorces his wife by uttering the word “talaq” thrice.
