Triple Talaq: Union Cabinet Passes Ordinance Making It an Offence The amendment has made triple talaq a punishable offence and imposes a jail term of up to three years


The federal cabinet has approved an executive order that makes triple talaq style of instant divorce among Muslims a crime and a punishable offence with a jail term of up to three years.

The ordinance route was taken after the government failed to pass the ‘The Muslim Women Protection of Rights in Marriage Act’ in the Rajya Sabha after it as cleared by the Lok Sabha last year.

Rajya Sabha chairman Venkaiah Naidu had deferred the bill till the Winter Session as “no consensus could be built around it” till the last day of the Monsoon Session.

The triple talaq bill as it is known popularly was stalled in the Upper House after opposition lawmakers raised objections against certain provisions of the bill.

“I have said this before, the issue of triple talaq has nothing to do with faith, mode of worship or religion. It is a pure issue of gender justice, gender dignity and gender equality,” said law minister Ravi Shankar Prasad in a press briefing.

Under the ordinance, an offence will be cognizable if the FIR is filed by the woman herself or by her close relatives. The complaint can be dropped if both parties reach a compromise but only if the woman approaches the magistrate.

Last year, the Supreme Court had struck down the unconstitutional practice of triple talaq and has directed the government to put in place “appropriate legislation” to tackle the issue.

Though this remains a “non-bailable” offence, bail can be granted to the accused if the woman approaches the magistrate.  On the matter of custody, the ordinance gives the mother the custody of the child and also entitles her to suitable maintenance as decided by the magistrate.

#TripleTalaq: WHAT THEY SAID

Criticism of the ordinance

Opposition reaction





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