Cabinet clears ordinance to make triple talaq an offence

20 September, 2018, 02:39 | Author: Katrina Soto
  • Why CPI thinks triple talaq ordinance is undemocratic

India's government has decided to make the practice of instant triple talaq a punishable offence through an executive order after the law failed to pass in parliament in August. However, the government failed to pass the bill through both houses of the Parliament.

The "Muslim Women Protection of Rights on Marriage Bill" was cleared by the Lok Sabha and is pending in the Rajya Sabha where the government lacks numbers.

Last August, the Supreme Court had eclared triple talaq illegal and unconstitutional. However, gender justice was given a complete go-by in a secular country like India because of blatant vote-bank politics. A woman can drop charges if her husband is open to a compromise. Under the Ordinance, the offence of Triple Talaq will remain a non-bailable one.

The Supreme Court had in a verdict in August previous year declared instant triple talaq illegal and unconstitutional.

October 7, 2016: The Centre opposes the practice of triple talaq in Supreme Court and said there is a need to re-look at these practices on grounds of gender equality and secularism.

"And by criminalising this practice and imposing a draconian prison term, this government is only revealing its intention of going after Muslim men", she told The Quint.

Prasad laid down the amendments made in the ordinance, in accordance with the Opposition's objections in the Parliament - raised when the first ordinance was introduced.

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"There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the SC order past year", Prasad told a press conference.

Addressing a press conference, he accused the Congress party of not cooperating in the passage of the 'Muslim Women Protection of Rights on Marriage Bill, pending in the Rajya Sabha, because of vote bank politics.

Further, in order to safeguard the rights of the woman against whom Triple Talaq has been pronounced, she would be entitled to subsistence allowance for herself and her dependent children, at the discretion of the Magistrate.

Muslim women say they have been divorced over messaging apps like WhatsApp or in letters, leaving them without any legal remedy.

He said the offence will become cognizable (with provision of three years imprisonment) if the FIR is filed by the woman or by her blood relations.

Between January 2018 to August. the Parliament sessions were a washout because of which the Bill was not tabled in Parliament. In a landmark verdict, the apex court disagreed that triple talaq was an integral part of religious practice and found it un-Islamic and "arbitrary".

He demanded that Prime Minister Narendra Modi should bring a law to protect Hindu women deserted by their husbands.

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