Although the Triple Talaq Bill is yet to be passed in the Rajya Sabha, the Triple Talaq Ordinance has been approved of by the Union Cabinet.
This major step to women empowerment was sanctioned off TODAY making triple talaq an offence.
Officially called Muslim Women (Protection of Rights on Marriage) Bill 2017, dilutes three contentious provisions:
One: a woman or a close relative can file a police case against her husband for triple talaq. Second: the petitioner can drop the case if the 2 parties can reach a compromise. Third: the magistrate can decide on releasing the husband on bail only after hearing the wife.
Though the ordinance has been cleared, for now, it must be placed before the Parliament and the bill would still need to be passed because, in a January 2017 verdict, the Supreme Court had held that “re-promulgation of ordinances is a fraud on the constitution” and hence not allowed. It cannot become a “parallel source of legislation.”
The bill had faced a stiff resistance in the Rajya Sabha where several Opposition lawmakers argued that it was drafted “shoddily” and must be sent to a Select Committee for close scrutiny.
The ordinance comes just weeks after Prime Minister Narendra Modi promised Muslim women “that the entire nation is there with them and we will ensure that they get justice.”
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