New Delhi: The government has re-promulgated the ordinance banning the practice of instant triple talaq. 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 Lok Sabha in December and was pending in Rajya Sabha. Since the Bill could not get the parliamentary approval, the fresh ordinance was issued.
The Union Cabinet had last week approved reissuance of the ordinance. 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. These amendments were cleared by the Cabinet on August 29, 2018.
While the ordinance makes it a “non-bailable” offence, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by police at the police station itself.
A provision has been added to allow the magistrate to grant bail “after hearing the wife”, the government had 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 .
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. (PTI)
