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Union Cabinet Approves Ordinance to Criminalise Triple Talaq

20 September 2018

The Union Cabinet approved an ordinance making Triple Talaq a punishable offence on Wednesday.

To make the proposed law palatable to the opposition, the government last month brought three amendments to The Muslim Women Protection of Rights in Marriage Act.

Shankar blamed Congress for the failure to get rid of the triple talaq "curse" earlier as he said the "barbaric and inhumane" practice was not revoked because of "ambiguity and vacillation of the Congress party for pure vote bank politics". "She is silent.it has nothing to do with politics but gender justice and dignity", he said.

Sources later said the magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill.

"There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the Supreme Court order a year ago", Mr Prasad told in a press conference after the Cabinet meeting.

"There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the Supreme Court's order previous year", Union Law Minister Ravi Shankar Prasad told reporters.

August 10, 2018: The Bill is presented in the Rajya Sabha during the monsoon session of Parliament but the government is unable to pass the Bill citing lack of consensus in the House.

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Annie Raja, National Federation of Indian Women's general secretary, said she doubts the "intention and sincerity" of the government.

May 18, 2017: The Supreme Court reserved its verdict on a batch of petitions challenging the constitutional validity of the practice of instant triple talaq among Muslims.

The ordinance allows for the couple to reach a settlement if the wife wishes, Prasad said, but how much jail time it prescribed was not immediately clear.

He also suggested that AIMPLB and women groups should challenge the ordinance in the Supreme Court. "Even today, Modi Govt and Law Minister have indulged in mere vilification and blame game without releasing the proposed ordinance or listing out the solutions or concerns raised by Muslim women on the subsistence for themselves as also the children born out of the marriage", he alleged. Also, the complaints in a triple talaq case can be filed only by the victim (wife) or a blood relative.

Sandeep Shastri, a political analyst at Jain University in the southern city of Bengaluru, explained: "This "triple talaq" ordinance basically is to try and win over a segment in the Muslim community, to win the women's vote among the minorities".

He demanded that Prime Minister Narendra Modi should bring a law to protect Hindu women deserted by their husbands.

Union Cabinet Approves Ordinance to Criminalise Triple Talaq