Union Cabinet on Wednesday approved an ordinance making instant Triple Talaq a criminal offence. The ordinance proposes a three-year jail term for a man who divorces his wife by spelling out the word ‘talaq’ thrice in one instance.
Speaking to the media over the Centre’s decision to approve the ordinance, Union Minister Ravi Shankar Prasad said, “It’s my serious charge with full sense of responsibility that a distinguished woman leader is ultimate leader of the Congress, yet barbaric inhuman Triple Talaq was not allowed to be ended by a Parliamentary law for pure vote bank politics”.
“The core component of this Ordinance is that an offence will be cognizable only when the FIR is filed by the victim wife or her close relations by blood or marriage,” he said.
“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,” Dr Prasad added while addressing the media.
Under the new law, the mother or the victim wife will get the custody of the minor child and is entitled to a maintenance suitably determined by the magistrate for herself and the child, Prasad added.
As per the ordinance, the crime will be recognised when the woman herself or her blood relative files a complaint. The case may be dropped if the duo reaches a compromise, but only if the wife approaches the magistrate.
The Union minister also urged the Trinamool Congress leader and West Bengal CM Mamata Banerjee and Bahujan Samaj Party (BSP) leader Mayawati to help clear the bill pending in Rajya Sabha. The Supreme Court last year banned the practice of Triple Talaq as the court found it as unconstitutional. Following the judgment, the bill was introduced in the parliament.
Reacting to the Government’s decision, Congress spokesperson Randeep Surjewala said, “Modi government not making this an issue for justice for Muslim women, but making this into a political issue”.
Meanwhile, Asaduddin Owaisi termed the ordinance ‘unconstitutional’ and said that it is against the Muslim women. “This ordinance will not provide justice to the Muslim women. In Islam, marriage is a civil contract and bringing penal provisions in it is wrong. The ordinance is against the Constitution’s right to equality as it is being made only for Muslims. All India Muslim Personal Law Board & women organisations should challenge this ordinance in the Supreme Court,” Owaisi claimed.
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