NEW DELHI: The Cabinet gave its permission on Tuesday for re-promulgation of the ordinance on triple talaq, the Bill criminalises the practice of instant triple talaq with a provision of 3 years’ imprisonment to the husband.
The bill which has been passed by the Lok Sabha could not pass in the Rajya Sabha and is set to lapse once the Lower House is dissolved, this is the third time that the government will bring in the ordinance.
A government release stated that “The proposed ordinance will protect the rights of married Muslim women and prevent divorce by the practice of instantaneous and irrevocable ‘talaq-e-biddat’ by their husbands.”
The practice of Triple Talaq continued despite a ban imposed by the Supreme Court making it illegal and unconstitutional, and it had become a “compelling necessity” to bring such a law given widespread misuse of the Sharia law of talaq-e-biddat, says the government release.
The triple talaq ordinance will come into force for the third time in less than one year, once signed by President Ram Nath Kovind. The ordinance is only applicable to instant triple talaq and not on talaq followed according to Sharia with the prescribed waiting period before a divorce is allowed.
The bill was opposed in the Upper House with opposition parties having reservations over the penal provisions in the legislation. A section of MPs had also demanded that the bill be referred to the select committee.