Published: Wed, September 19, 2018
Global News | By Blake Casey

Union Cabinet clears ordinance on instant Tripe-Talaq

Union Cabinet clears ordinance on instant Tripe-Talaq

After the ordinance comes into force, it will have only six months to get a nod from the Parliament.

Unlike Jahan, All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi criticised the Cabinet's ordinance on triple talaq, calling it unconstitutional and anti-women. As per reports, the ordinance was approved following a cabinet meeting that took place on September 19. This ordinance will not provide justice to Muslim women.

The main opposition Congress party is opposing a three-year prison sentence for the offenders and wants a parliamentary committee to discuss the issue to reach a consensus.

"We tried a lot to bring Congress with us". Of these, he said, 229 were reported before the Supreme Court judgement, while another 201 came to the notice after it.

Prasad further alleged that despite being a woman, UPA chairperson Sonia Gandhi did not support the passage of Triple Talaq Bill. However, gender justice was given a complete go-by in a secular country like India because of blatant vote bank politics.

"I will again appeal to Sonia ji that this ordinance has been brought in the interest of the country to bring gender justice".

"Instead of false credit-seeking, bravado and chest thumping, let PM Modi and the law minister answer the question as to why they did not bring a legislation or ordinance to ban instant triple talaq between 26 May 2014 until the judgment of the Supreme Court (on 22 August, 2017). A magistrate can grant bail only after the wife's consent", he added.

"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".

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As far as other provisions are concerned, the mother/victim wife must get custody of the minor child and the mother is entitled to a maintenance suitably determined by the magistrate for herself and the child.

After the Cabinet passed the ordinance, Congress spokesperson Randeep Singh Surjewala accused the government of politicising the matter.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 had been cleared by the Lok Sabha in December past year but it had been stuck in the Rajya Sabha where the NDA does not have a majority.

The police would lodge an FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage. Others, like neighbours, can not lodge an FIR to prevent misuse of the proposed law. "The that this is a private dispute between wife and husband so wife must be heard", Prasad said.

Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision of bail for the accused before trial. The Bill is yet to be introduced in the upper House of the Parliament.

In its first reaction, the Congress said the amended bill doesn't address their concerns about how a triple talaq victim will be compensated if the husband is jailed. "Our issue is with the criminalisation aspect".

The Union cabinet has cleared an ordinance to make the practice of instant triple talaq a penal offence, Law Minister Ravi Shankar Prasad said Wednesday, citing compelling necessity for the move as the practice annulled by the Supreme Court continues unabated.

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