New Delhi: There is good news for Muslim women as the Union cabinet today has cleared an ordinance to make the practice of instant triple talaq a penal offence, Law Ministry sources said Wednesday.
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.
The Supreme Court last year banned the practice. But since the practice was still prevalent, a bill was brought to make it a penal offence.
The Union Cabinet on Wednesday approved an ordinance making triple talaq a criminal offence, a bill on which is pending in the Rajya Sabha.
Law Minister Ravi Shankar Prasad gave the information to the media after the cabinet meeting.
On Thursday, Union Cabinet cleared amendments to the triple talaq bill with the fresh version allowing a magistrate to give bail to the men found instantly divorcing their wives.
According to the new provisions of the bill which is pending in the Rajya Sabha, instant divorce will continue to be illegal and void, attracting a jail term of three years for the guilty.
Ordinance to make triple talaq practice criminal offense cleared by cabinet:
“The offence has been made compoundable. If the wife and the husband desire to settle their differences, then the magistrate can compound the offence on appropriate terms and conditions. Magistrate can grant bail after hearing the wife,” Union Law Minister Ravi Shankar Prasad said.
He was speaking to reporters after a cabinet meeting chaired by Prime Minister Narendra Modi.
The minister said the cabinet approved three changes in the bill which has been stuck in the Upper House due to opposition demands on making the offence bailable.
He said if a husband instantly divorces his wife and breaks the marriage, then an FIR can become cognisable even if a blood relative or relative by marriage of the victim files the case.
The Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill in December last year that made the practice a criminal offence for which a police officer may arrest an accused without warrant.
The practice allows Muslim men to call off their marriage by saying “talaq” thrice.
The bill proposes that a man who pronounces triple talaq shall be punished with a three year jail term and a fine.
The woman will be entitled to maintenance for her and her children. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
