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news details
Union Cabinet clears ordinance to ban triple talaq
9/19/2018 12:29:27 PM

NEW DELHI: The Narendra Modi government is likely to bring an ordinance to make triple talaq a punishable offence after it failed to pass it through both houses of Parliament. Union Cabinet has cleared the executive order in this regard, said reports on Wednesday.

The ordinance, to be brought by the Centre, would have similar provisions as The Muslim Women Protection of Rights in Marriage Act, which was cleared by the Lok Sabha last year.

The triple talaq bill pushed by the Government had met with a stiff resistance in the Rajya Sabha where it was opposed by several Opposition lawmakers.
While opposing the bill, the opposition lawmakers argued that the bill must be sent to a Select Committee for close scrutiny.

In view of the growing Opposition to the proposed legislation, the Centre had even sought the opinion of all state governments on the subject, and, most of them had supported it.

The bill makes instant "triple talaq" a criminal offence and proposes a three-year jail term for a Muslim man who divorces his wife by uttering the word "talaq" thrice.

The bill to make talaq-e-biddat void and illegal has provisions for imprisonment and fine for anyone invoking it.

It also deals with subsistence allowance to a Muslim woman and her children from the estranged man as well as custodial rights of minor children.

The bill covers instant triple talaq delivered in any form — whether delivered orally, including telephone or a mobile call, or in writing or through the electronic medium like WhatsApp or SMS — illegal.

The Supreme Court had in a verdict in August last year declared instant triple talaq illegal and unconstitutional.

Following this, the Modi government had formed a group of ministers comprising Finance Minister Arun Jaitley, Home Minister Rajnath Singh, External Affairs Minister Sushma Swaraj and Law Minister Ravi Shankar Prasad to look into the issue.

Muslim women had petitioned the court, arguing that practice of husbands divorcing them through "Triple Talaq", including by Skype and WhatsApp, not only violated their rights but also left many women destitute.
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