Union cabinet approved Triple Talaq Ordinance-makes it punishable offence

September 19, 2018 :- In a News brief the law minister said :

Ravi Shankar Prasad:

‘We have approved the ordinance on Triple Talaq’

‘We came to know about 430 Triple Talaq cases, 239 before the judgement and 201 after the judgement’

‘We always tried to have a word with Congress on this issue. I tried to have a word with Ghulam Nabi Azad five times but he refused to take any decision on this’

‘Sonia Ji being distinguished women leader did not take any action on this issue and she never supported us due to vote bank politics. I approached them 5-6 times’

‘Women of the Muslim community are helpless in our country. We came to know that major cases are coming from Uttar Pradesh. There was an urgency to bring this ordinance’

‘Under this ordinance, only the woman (victim) or her blood relatives can register a case’

‘Magistrate can appoint a bail but after consultations of the victim’

‘Mothers are entitled for maintenance of herself as well as her children from the accused with consultation of the magistrate’

‘Appeal to Sonia Ji, Mamata Ji, Mayawati Ji that you should think about humanity and not about vote bank politics’

In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce.

In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them. The Bill proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children.

MAIN FEATURES OF THE ORDINANCE

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2018

CHAPTER II
DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3. Any pronouncement of talaq by a person upon his wife, by words, either spoken
or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
4. Whoever pronounces talaq referred to in section 3 upon his wife shall be punished
with imprisonment for a term which may extend to three years and fine.

CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5. Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.

6. Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an
offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code