New Delhi, Sep 19: The Union Cabinet on Wednesday approved an ordinance on instant triple talaq, months after the government failed to pass the Muslim Women (Protection of Rights on Marriage) Bill, 2017, which seeks to criminalise the controversial Islamic practice, in Rajya Sabha. The ordinance reportedly makes triple talaq a criminal act. The Triple Talaq Bill has been stuck in the Upper House due to Opposition demands on making the offence bailable. Triple Talaq Bill: All You Need to Know About Provisions And Amendment in The Legislation.

"The core component of this Ordinance is that an offence will be cognizable only when the FIR is filed by the victim wife or her close relations by blood or marriage," Union Law Minister Ravi Shankar Prasad said today. "Secondly, it's compoundable, it can be compromised only at the insistence of the wife upon appropriate terms and conditions as determined by the magistrate. Thirdly, a bail can be granted by the magistrate upon reasonable grounds but only after hearing the victim wife also," he added.

The government recently made amendments to the Triple Talaq Bill. As per the amended Bill, a magistrate can grant bail to men found guilty of giving instant triple talaq to their wives. The Bill criminalises triple talaq or talaq-e-biddat, an Islamic practice allows Muslim men to call off their marriage by saying 'talaq' thrice, a non-bailable offence. The Lok Sabha passed the Triple Talaq Bill in December last year.

Triple Talaq Ordinance is a Law for Gender Justice: Govt

Briefing the media on the Ordinance on Wednesday, Union Law Minister Ravi Shankar Prasad said that the government had approached the Congress five to six times on the law. He said that the Congress had forsaken women for votes. "It's sad that Sonia Gandhi didn't stand with us," Prasad said.

The Law Minister also said that over 400 cases of triple talaq were reported to him, out of which, most of the cases were from Uttar Pradesh. Responding to Opposition charge of the Narendra Modi government playing vote bank politics, Prasad said that the Triple Talaq Ordinance was about gender justice and not politics.

He also appealed to Opposition leaders Sonia Gandhi, Mayawati and Mamata Banerjee to come forward and support "the fight for women's rights."

What is Triple Talaq Bill?

"Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or any other manner whatsoever, shall be void and illegal," says the clause 3 of the Triple Talaq Bill. As per the proposed Bill, a Muslim man who is accused of giving triple talaq to his wife can be arrested without an arrest warrant. The Bill proposes that a man who pronounces triple talaq shall be punished with a three-year jail term and a fine.

The Triple Talaq Bill allows triple talaq victims to seek subsistence allowance from her husband for herself and her dependent children. A First Class Magistrate will decide the amount of the allowance. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue. Only the victim, blood relation or relation by marriage are allowed to lodge FIR in the case.

The Supreme Court, last year, had declared triple talaq unconstitutional by 3:2 majority.

(The above story first appeared on LatestLY on Sep 19, 2018 11:56 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).