India prescribes punishments in bid to stamp out 'triple talaq'

Hannah Rogers
September 19, 2018

The BJP has been accusing the Congress of stalling the passage of the landmark Bill which was passed in the Lok Sabha on December 29, 2017.

Describing the practice as 'barbaric and inhuman, ' he said almost 22 countries have regulated triple talaq.

India's Supreme Court outlawed "triple talaq" previous year ruling that it violated the constitutional rights of Muslim women. As per reports, the ordinance was approved following a cabinet meeting that took place on September 19.

Describing the ordinance as anti-women, Owaisi said it was also in violation of the fundamental rights guaranteed under the Constitution.

He said instant triple talaq was "an illegal, unconstitutional and inhuman practice" that was quashed by the Supreme Court.

Secondly, it's compoundable, it can be compromised only at the insistence of the wife upon appropriate terms & conditions as determined by the magistrate.

One of the changes introduced is that the police can lodge an FIR only if approached by the victim, her blood relations, or people who become her relatives by virtue of marriage.

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The third amendment mandates that the magistrate can decide on releasing the husband on bail only after hearing the wife. The opposition contended there were gaps in the proposed law that left it open to misuse.

The woman will get the custody of the minor child, if any, and she will be entitled to a maintenance determined by the magistrate for herself and the child. But since the practice was still prevalent, a bill was brought to make it a penal offence.

He also asked that why should the onus of proving instant triple talaq be on women as per the proposed Legislation or the proposed Ordinance.

However, the amended triple talaq bill provides for additional safeguards, including a provision for bail to an accused before the start of the trial.

Responding to a question by ANI on Congress stonewalling the Triple Talaq Bill in courts and in the Parliament, Congress President Rahul Gandhi, at an event in London, had said "We have an issue with the criminalisation (part of the Bill) but we have not stonewalled anything".

Owaisi, also a member of the All India Muslim Personal Law Board, said that in his personal opinion the board should challenge the ordinance in the Supreme Court as there were strong grounds to do so.

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