17 June 2024

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Central Government approves an ordinance making triple talaq a punishable offence


Union cabinet passed the ordinance as it failed to get the majority on The Muslim Women (Protection of Rights on Marriage) Bill 2017 which had been passed in the Lok Sabha but stalled in the Rajya Sabha. President Ram Nath Kovind signed the ordinance on "triple talaq". Now, the practice of Muslim men uttering "talaq" thrice to get a divorce would become a punishable with a jail term of up to three years and a fine. In spite of the Supreme Court verdict annulling it last year, the practice continued "unabated". In August, 2017, Supreme Court held in matter of Shayara Bano vs. Union of India and Others that practice of triple talaq is unconstitutional. To protect gender justice, dignity and equality for women, Government decided to pass the bill through an executive order.

Now the declaration of Triple talaq or instant divorce thrice in any form – spoken, in writing, or over electronic communication shall be void and illegal with aim to protect rights of married Muslim women. Further, a married Muslim women upon whom the triple talaq is pronounced shall be entitled to subsistence allowance for her and dependent children as determined by Magistrate. Custody of minor children would be given to the women.

A married Muslim women or her family can only file complaint. However, the offence punishable under the ordinance shall be cognizable and compoundable at the instance of married Muslim women upon whom the triple talaq is pronounced with the permission of magistrate. Further, bail can be granted upon satisfaction of reasonable grounds for the same.

Tags : Ordinance Triple talaq Approval

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