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Last Updated : Jan 11, 2018 12:31 PM IST | Source: Moneycontrol.com

Govt may go the ordinance way to criminalise triple talaq

In its verdict in August, the Supreme Court had declared the age-old practice of triple talaq as unconstitutional and termed it arbitrary and a violation of Muslim women's right to equality.

After the triple talaq bill failed to make its way through Rajya Sabha during the Winter Session of Parliament, the government may simply opt for the ordinance route in order to criminalise talaq-e-biddat (triple talaq), according to a report by The Times of India.

According to what sources told the paper, the government is keeping all its options open, including bringing an ordinance and convening a joint session of Parliament during the Budget Session in order to get the legislation passed without having to go through the Rajya Sabha once again.

In its verdict in August, the Supreme Court had declared the age-old practice of triple talaq as unconstitutional and termed it arbitrary and a violation of Muslim women's right to equality.

An inter-ministerial panel, headed by home minister Rajnath Singh, then prepared a bill that made instant triple talaq in any form -- verbal, written, or through electronic means -- illegal and void, and made the act of divorcing one's wife in that manner a non-bailable, cognizable offence with a 3-year jail term.

The bill was approved by the Union Cabinet in December and was then presented in Parliament during the Winter Session. However, despite getting passed in Lok Sabha, the bill met some stiff resistance in Rajya Sabha.

The Opposition maintained that the bill could only be passed if the desired changes are made, which include provisions for providing financial aid to Muslim women divorced through instant triple talaq, and their families, after their husbands were sent to jail.

The Opposition also wanted the offence to be made a bailable, non-cognizable one with a jail term of up to 2 years. However, government did not take a step back, and sent the bill to a select committee instead of agreeing to the proposed changes.
First Published on Jan 11, 2018 12:31 pm
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