Govt Makes Instant Triple Talaq Illegal, Offender To Spend Three Years In Jail

Instant triple talaq is now a criminal offence in India. In a landmark decision, Union Cabinet approved an ordinance making triple talaq a punishable offence, which is seen as a major victory for thousands of Indian Muslim women.

The ordinance will now be sent to President Ramnath Kovind for his signature which will finally result in a declaration of ordinance into law.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 couldn＊t be pushed in Rajya Sabha during the monsoon session owing to lack of consensus among political parties.

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Under the ordinance, the crime will be recognised when the woman herself or her blood relative files a complaint. The case may be dropped if the duo reaches a compromise later, provided only the wife reaches the magistrate. The magistrate can also bail to the accused but only on reasonable grounds and that too only after hearing the wife.

According to the ordinance, the wife will be given custody of the child and is entitled to maintenance 每 decided by the magistrate 每 for herself and children.

The law will remain ※non-bailable§ and accused the approach the magistrate even before trying to seek bail. The bail cannot be granted by the police at the police station itself.

※There were fears and we have plugged the holes ＃ nothing has been done under pressure,§ Law minister Ravi Shankar Prasad had said after the decision.

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The bill makes instant "triple talaq" a criminal offence and proposes a three-year jail term for a Muslim man who divorces his wife by uttering the word "talaq" thrice.

The bill terms instant triple talaq delivered in any form - whether delivered orally, including telephone or a mobile call or in writing or through the electronic medium like WhatsApp or SMS - illegal.

In 2017, the Supreme Court had declared instant triple talaq illegal and unconstitutional.