Source : times of india
Disregarding resistance from political opponents and the Muslim clergy, the Union Cabinet cleared an ordinance on Wednesday to criminalise instant triple talaq on the ground that the controversial custom, declared unconstitutional by the Supreme Court, was still being used against women of the minority community. Late Wednesday night, President Ram Nath Kovind signed the ordinance.
The ordinance, which contains the 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. It provides for a magistrate to grant bail to a husband in a triple talaq 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 bail provision was introduced after criticism that “criminalising” triple talaq will break up marriages and deprive families of breadwinners. Also, a complaint can be filed only by the affected wife or her blood relatives or those related by marriage rather than any member of the public or an authority. “Now, a magistrate can use his powers to settle the dispute between a husband and wife. This creates scope for reconciliation,” law minister Ravi Shankar Prasad said.