Cabinet clears ordinance to make triple talaq criminal offence

September 19, 2018: The Union Cabinet cleared an ordinance making instant triple talaq a criminal offence, carrying jail term of up to three years, on Wednesday. This route has been taken after the government failed to pass the Muslim Women (Protection of Rights on Marriage) Bill, 2017, in the Rajya Sabha during the recent monsoon session. The amended bill includes a provision for bail to an accused even before the start of the trial.

 

What are the provisions?

 1. Triple talaq remains cognizable with a maximum of three years imprisonment and a fine.

2. Triple talaq will be recognised as a crime only when a woman or her blood relative files a complaint with the police.

3. A compromise can be achieved only when the woman is willing and says so to a magistrate. A magistrate can grant bail only after the wife’s consent.

4. The custody of children from the marriage will go to the woman.

5. The mother is entitled to maintenance determined by a magistrate.

6. The law doesn’t affect Jammu and Kashmir.

In August last year, a five-judge bench of the Supreme Court ruled unconstitutional a law that allowed Muslim men to divorce their wives simply by uttering “talaq” three times in quick succession. In a landmark 3-2 verdict, the apex court found the practice un-Islamic and “arbitrary”, and disagreed that triple talaq was an integral part of religious practice.

 

By Shaoni Sarkar