The government has re-promulgated the ordinance banning the practice of instant triple talaq (‘talaq-e-biddat’).
Under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, issued on Saturday, divorcing through instant triple talaq will be illegal, void and would attract a jail term of three years for the husband. A Bill to convert the earlier ordinance, issued in September, 2018, was cleared by the Lok Sabha in December and was pending in the Rajya Sabha. Since the Bill could not get the Parliamentary approval, the fresh ordinance was issued. The Union Cabinet had last week approved re-issuance of the ordinance.
Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards, such as adding a provision of bail for the accused before trial. These amendments were cleared by the Cabinet on August 29, 2018. While the ordinance makes instant triple talaq a “non-bailable” offence, an accused can approach a magistrate even before trial to seek bail.
ADVERTISEMENT