Instant triple talaq is a penal offence now

Mukesh Ranjan

Tribune News Service

New Delhi, September 19

Citing “compelling necessity”, the Union Cabinet today approved an ordinance —signed by the President later in the day — making the practice of instant triple talaq a cognisable offence with a provision of a three-year jail term for the husband.

Law and Justice Minister Ravi Shankar Prasad said the Congress’ reluctance to support the Bill in the Rajya Sabha had forced the government to look for an alternative route.

He insisted that the decision was taken under “compelling necessity” as the practice continued “unabated” even after the Supreme Court annulled it last year and directed the government to bring about a legal framework to deal with the issue.

Prasad accused the Congress of not cooperating in the passage of the Muslim Women Protection of Rights on Marriage Bill because of vote-bank politics. “It is unfortunate that despite being led by a woman, the Congress has not been forthcoming to support the law, which is aimed at giving equality and gender justice to Muslim women,” he said. He also urged BSP leader Mayawati and TMC leader Mamata Banerjee to help in the passage of the Bill pending in the RS, where the government lacks numbers. The LS has already passed the Bill.

Prasad said he had met senior Congress leader Anand Sharma, who said he would get back after talking to the party leadership, but there had been no response.

Under the proposed ordinance, instant triple talaq would be illegal and void.

Allaying fears about the possible misuse of the proposed law, the minister said the government had included certain safeguards such as adding a provision of bail for the accused before trial. These amendments were cleared by the Cabinet on August 29.

While the proposed law makes it a “non-bailable” offence, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by the police at the police station itself. Sources later said the magistrate would ensure that bail was granted only after the husband agreed to grant compensation to the wife as provided in the Bill and the same would be decided by the magistrate.

Compelling necessity: Law minister

There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the SC order last year—Ravi Shankar Prasad, Law Minister

Provisions for three-yr jail, bail

• Offence cognisable (with a provision of  3-year jail for husband) if FIR filed by woman or her blood relations
• Compromise can be reached at woman’s initiative and with appropriate conditions imposed by magistrate concerned
• Magistrate can give bail after hearing the woman. Minor kids’ custody to go to mother, who will be entitled to maintenance