Published: Thu, September 20, 2018
Global Media | By Garry Long

Is Triple Talaq Ordinance Ruling Govt’s Political Opportunism?

Is Triple Talaq Ordinance Ruling Govt’s Political Opportunism?

However, the Muslim Women (Protection of Rights on Marriage) Bill 2017, has diluted three provisions. If the government wishes to extend it, it either has to get the bill approved by Parliament or re-promulgate the Ordinance after six months, followed by a presidential assent for it.

"Triple talaq is not an official divorce, it is a form of abandonment". The laws include allowing men to divorce by simply uttering the Arabic word "talaq", or divorce, three times - and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.

Shankar blamed Congress for the failure to get rid of the triple talaq "curse" earlier as he said the "barbaric and inhumane" practice was not revoked because of "ambiguity and vacillation of the Congress party for pure vote bank politics".

"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".

In view of the growing Opposition to the proposed legislation, the Centre had even sought the opinion of all state governments on the subject, and, a lot of them had supported it. The wife will be given custody of the child and is entitled to maintenance, decided by the magistrate, for herself and her children.

Under the amended law, the FIR can only be lodged by the victim, her blood relations and those who have become her relatives by virtue of her marriage.

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Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision of bail for the accused before trial. It also proposes a three-year jail term for men who violate the law.

The bill was passed in the Lok Sabha in 2017.

In a landmark 3-2 verdict, the top court found the practice un-Islamic and "arbitrary", and disagreed that triple talaq was an integral part of religious practice.

He urged UPA chairperson Sonia Gandhi, BSP supremo Mayawati and TMC chief Mayawati to support the bill in the next session of Parliament for the sake of "gender justice, gender equality and gender dignity".

The Union Cabinet has approved The Muslim Women (Protection of Rights on Marriage) Ordinance which seeks to criminalize the practice of Triple Talaq, as per news reports.

Blaming the Congress for the delay in passing the Bill, Ravi Shankar said he had approached the opposition party several times.

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