TRIPLE TALAQ IS CRIMINAL OFFENCE - THREE YEARS OF JAIL [FOR THE TIME BEING]

BACKGROUND
  • The Supreme Court in August, 2017 declared the practice of instant triple talaq unconstitutional and wanted Parliament to bring in legislation governing Muslim marriages and divorce.
  • The government introduced The Muslim Women (Protection of Rights on Marriage) Bill to give statutory form to the Supreme Court verdict.
  • The Bill sought to criminalize instant triple talaq and make it a punishable offence.
  • The Bill was passed in Lok Sabha but is pending in the Upper House as opposition parties wanted it to be sent to a select committee for further discussion.
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 WHAT JUST HAPPENED

The Union Cabinet cleared an ordinance that makes talaq-e-biddat, or instant triple talaq, a criminal offence that will attract a maximum jail term of three years. President Ram Nath Kovind later in the day gave his assent.

Ordinance [Article - 123] is a special power with government with that they can implement any bill, bypassing  the parliament and with assent of President. Though, This type of bill passed via Ordinance Power is temporary and only valid for 6 months.

ABOUT THE LAW
  • Instant Triple-Talaq   will now attract a maximum jail term for three years.
  • The new law, however, incorporates safeguards, including a provision for bail to an accused before the start of the trial.
  • While instant triple talaq will continue to be a “non-bailable” offence — the police cannot grant bail at the police station — the accused can approach a magistrate for bail even before trial.
  • Police can lodge a First information Report (FIR) only if the complaint is filed by the wife (victim), her blood relations or her relatives by virtue of her marriage.
  • Non-relatives or neighbors cannot lodge a complaint under the proposed law.
  • The ordinance makes the offence of instant triple talaq “compoundable” which means that the magistrate can use his powers to settle the dispute between a husband and his wife.
  • A compromise can be achieved only when the woman is willing and says so to a magistrate. A magistrate can grant bail only after the wife’s consent. 
 
UNDERSTANDING THE CONCEPT

 In Islam, there are many variations of Talaq or Divorce on the basis of pronouncement :
  • Talaq-ul-Sunnat   - which is revocable (which can be reverse)
  • Talaq-un-Biddat - which is irrevocable  -  This one is criminalize now.(as this is not reversible)
  • Talaq Ahsan
  • Talaq Hasan
WHY GOVERNMENT USE THE ORDINANCE POWER?

 The answer is simple, Because in Rajya Sabha, Government does not have majority, and other parties demanded that the government refer to the bill to the select committee.

 That's why it is enforce via ordinance route.

 SHOULD IT BE A CRIMINAL LAW ?

We know 'Triple-Talaq' is  Invalid as per Supreme court. If husband give Triple-Talaq to his wife, then as per constitution this is invalid.

 When It's already Invalid as per constitution. Is there really need to make it Criminal Offense? A debate is going on for this.

 Are not we putting more effort in this, as this is already Invalid as per our constitution.

 As of now, This is not permanent , it passed only via Ordinance. We will see whether it will be implemented by Parliament in next session

For more information, you can access the below links:

 https://www.thehindu.com/news/national/triple-talaq-is-criminal-offence/article24989451.ece

 https://www.thehindu.com/news/national/cabinet-clears-ordinance-to-make-triple-talaq-criminal-offence/article24984374.ece

 https://www.hindustantimes.com/india-news/cabinet-clears-ordinance-making-instant-triple-talaq-an-offence/story-693doyste1wsCVcK1WmrPJ.html

 Above Information is as per data available in news till the date when I am posting this. For Other Topics visit - http://learn2ogether.blogspot.com 

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