Cabinet clears ordinance to make instant triple talaq a criminal offence

Pauline Gross
September 19, 2018

However, the amended triple talaq bill provides for additional safeguards, including a provision for bail to an accused before the start of the trial. "An unnerved BJP finding itself cornered on the issue of repeated and gruesome rape incidents, as also issues of women security seeking to divert and reset the political agenda by hurriedly bringing an ordinance on instant triple talaq", he said.

The Union minister also appealed to Bahujan Samaj Party leader Mayawati and Trinamool Congress leader Mamata Banerjee to help in the passage of the bill pending in Rajya Sabha, where the government lacks numbers.

After the Cabinet passed the ordinance, Congress spokesperson Randeep Singh Surjewala accused the government of politicising the matter.

"I had met him five to six times.we had sought cooperation", he said adding that there was no response from the main opposition party.

Further detailing about the proposed Bill, Prasad said the victim wife will be entitled for the custody of the minor child and for a "maintenance suitably determined by the magistrate for herself and the child".

The government's executive order would allow Muslim women or immediate relatives to complain to the police, who could then arrest the husband if required, Prasad said, calling the issue one of gender justice and equality.

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He also asked that why should the onus of proving instant triple talaq be on women as per the proposed Legislation or the proposed Ordinance.

"When triple talaq has been quashed, the next issue now is of providing justice to Muslim women".

Prasad said that almost 22 countries, including neighboring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.

The government expects the provision of a jail term of up to three years and a fine in the law to deter Muslim men from opting for instant divorce.

After the Supreme Court verdict, the Modi government chose to introduce a bill to criminalise the practice.

Earlier the apex court on August 22 struck down the practice of triple talaq, calling it unconstitutional. In a landmark 3-2 verdict, the top court found the practice un-Islamic and "arbitrary", and disagreed that triple talaq was an integral part of religious practice.

Other reports by GizPress

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