President Ram Nath Kovind has cleared the ordinance making triple talaq a punishable offence that was moved by the Union government on Wednesday Sep 19,2018, after the government failed to pass the bill through both houses of the Parliament.
The ordinance would have similar provisions as The Muslim Women Protection of Rights in Marriage Act, popularly known as the triple talaq bill, which was cleared by the Lok Sabha in December 2017
With the Presidential assent, triple talaq or instant divorce is now a punishable offence that will invite a jail term.
Giving details about the provisions of the ordinance, Law Minister Ravi Shankar Prasad said the core component of the bill is that it is an offence that will be cognizable only when the FIR is filed by the victim wife or her close relations by blood or marriage.
“Secondly, it's compoundable, it can be compromised only at the insistence of the wife upon appropriate terms and conditions as determined by the magistrate. Thirdly, a bail can be granted by the magistrate upon reasonable grounds but only after hearing the victim wife also,” he said.
He added that the victim wife must get the custody of minor children and would be entitled to a maintenance suitably determined by the magistrate for herself and the children.
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. It 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.
It covers instant triple talaq delivered in any form — whether delivered orally, including telephone or a mobile call, or in writing or through electronic medium like WhatsApp or SMS — illegal.
As India makes triple talaq a punishable offence, here’s an infographic on countries that do not recognise the custom.
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