- President Ram Nath Kovind has cleared the ordinance making triple talaq a punishable offence after the union cabinet on Wednesday moved to take the ordinance route in the matter
- The ordinance will be called 'The Muslim Women (Protection of Rights on Marriage) ordinance 2018'
President Ram Nath Kovind has cleared the ordinance making triple talaq a punishable offence after the union cabinet on Wednesday moved to take the ordinance route in the matter. The ordinance will be called 'The Muslim Women (Protection of Rights on Marriage) ordinance 2018'. It will extend to the whole of India except for the state of Jammu and Kashmir. The ordinance declares triple talaq illegal and highlights the following:
'VOID AND ILLEGAL'
- Any pronouncement of talaq by a Muslim husband upon his wife, by word, either spoken or written or in electronic form or in any other matter whatsoever, shall be void and illegal
PUNISHMENT FOR PRONOUNCING TALAQ:
- Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
- Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.
CUSTODY OF MINOR CHILDREN:
- Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
Read: MASSIVE: Modi Government Takes Ordinance Route To Make Triple Talaq A Punishable Offence After Cabinet Gives Its Nod. LIVE UPDATES Here
Here's the full copy of the ordinance:
Earlier on Wednesday, the ordinance route came as a huge move by the Modi government following two sessions of Parliament proving insufficient for the Triple Talaq bill to be passed in the Rajya Sabha, despite amendments being made in the bill in an effort to build consensus. The bill has already been passed in the Lok Sabha.
The Triple Talaq bill came as a result of the Supreme Court, in a landmark judgment, holding the practice as unconstitutional. However, following the tabling of the bill, the Opposition protested against some of the punitive measures that those men who give their wives Triple Talaq will face as a result. The Opposition has sought the matter to be referred to a parliamentary committee, which the ruling BJP has called a delaying tactic. The BJP has also called out the Opposition for not protesting the passage of the bill in the lower house but blocking it in the Rajya Sabha.