In an impressive snubbing of political opponents and the Muslim clergy, the Union Cabinet cleared the ordinance criminalising triple talaq on grounds that the controversial custom, which is declared unconstitutional by the Supreme Court, was still being used against women of the minority. The ordinance, that contains provisions of the bill which is stuck in Parliament because of opposition from non-NDA parties, treats triple talaq as a non-bailable offence punishable with a sentence of up to three years. President Ram Nath Kovind had signed the ordinance that was approved by the Union Cabinet, chaired by Prime Minister Narendra Modi
It provides for a magistrate to grant bail to a husband in a related case, but only after the wife has been heard. The government said the decision was a “compelling necessity” given the widespread misuse of “talaq-e-biddat” or instant triple talaq. The provision was introduced following criticism claiming the “criminalising” of the method will break up marriages and deprive families of bread-winners. Law Minister Ravi Shankar Prasad said, “Now, a magistrate can use his powers to settle the dispute between a husband and his wife. This creates scope for reconciliation.”
The provisions were part of the amendments approved by the Cabinet on August 29, to the “Muslim Women Protection of Rights on Marriage Bill” that was approved by the Lok Sabha and remains pending in the Rajya Sabha.
Ordinance challenged
A non-governmental organisation (NGO) and two people have filed a petition in Bombay High Court, challenging provisions of the recently passed ordinance that makes triple talaq a punishable offence. The division bench of Bombay HC is likely to hear the petition filed by former municipal councillor and social worker Masood Ansari, Rising Voice Foundation NGO and Devendra Mishra. The petition claims that provisions of triple talaq ordinance are null, void, arbitrary, illegal, and unreasonable.
