In a historic movement, the Union Cabinet passed the ordinance that makes instant triple talaq, a criminal offence and henceforth finally brought an end to the issue of instant triple talaq, under which, men can instantly divorce their wives by saying talaq thrice.
Earlier this year, a bill banning the practice of triple talaq was passed by the Lok Sabha, but got stuck in the Rajya Sabha as the Opposition demanded the proposed bill to be sent to a select committee of Parliament for further scrutiny. While the Bill still remains pending in Rajya Sabha, the Union Cabinet on Wednesday cleared an ordinance to that will make instant triple talaq a criminal offence. Talking about the ordinance, Union Law Minister Ravi Shankar Prasad said that even when SC declared triple talaq to be legally invalid, it was still incessantly being practiced. Which is why “it became important to cease this practice and grant relief to many Muslim women in India.
The ordinance makes it a punishable offence and non-bailable crime – which means the police cannot grant the bail at police-station and the accused will have to approach a magistrate to receive bail. One more specification added as an amendment states that the report will be filed if and only if the complain is made by the victim herself, her relatives or her in-laws. No one except them can lodge an FIR against the criminal. The ordinance, once in effect will supposedly prevent the practice of triple talaq, or grant justice to women who might suffer from it.
Since the Union Cabinet has now okay-ed the ordinance criminalising instant triple talaq, it will be sent to the President for approval and once approved, the ordinance will come into effect. After enforcement of the ordinance, it will be presented in the Parliament for approval to make it a liable act. If the government fails to do so within six months, the ordinance will be discontinued and will have to be re-promulgated – which means, it the Cabinet has to issue the ordinance again and get the President’s assent. But for now, triple talaq is legally invalid and will soon become an punishable offence in India.