Triple talaq is criminal offence

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Triple talaq is criminal offence

By Sandeep nagyaan · 20 Sep 2018


Triple talaq is criminal offence

The Union Cabinet on Wednesday cleared an ordinance that makes talaq-e- biddat, or instant triple talaq, a criminal offence that will attract a maximum jail term of three years. It was signed by President Ram Nath Kovind hours later.

Background:- In a landmark 3-2 verdict in August 2017, a five-judge Constitution Bench set aside the centuries-old practice of instant triple talaq or talaq-e-biddat in which Muslim men divorce their wives by uttering talaq three times in quick succession. Three of the five judges called the practice un-Islamic and “arbitrary” and disagreed with the view that triple talaq was an integral part of religious practice.

Why was is not complete:- The Muslim Women (Protection of Rights on Marriage) Bill, 2017 passed in Lok Sabha in December 2017, but it got stuck in Rajya Sabha.

New provisions in this law:- (1) An offence will only be cognizable when the victim wife or her relatives by blood or marriage file an FIR. (2) The offence is compoundable — this means that there can be a compromise but only on the insistence of the wife, and the magistrate will have to determine the terms and conditions. (3) The offender can be granted bail by a magistrate but only after hearing the victim wife because this is a private dispute between the husband and the wife, and the wife must be heard when bail is granted. (4) Additionally, the victim wife will get custody of minor children and will be entitled to receive maintenance from the husband for herself and the children, as decided by a magistrate.

Conclusion:- It is very big victory for muslim women to empower the constitutional rights.But this law will be take the time to become strong.