The Union Cabinet on September 19th, 2018, approved an ordinance making
triple talaq, the centuries-old practice of instant divorce by men a punishable offence.
The move was taken after the government failed to pass the
Muslim Women (Protection of Rights on Marriage) Bill, 2017, in the Rajya Sabha during the recent monsoon session due to the opposition parties having reservations over criminal provisions in the draft law. The Bill was moved to Rajya Sabha after it was passed by the Lok Sabha in the winter session of Parliament.
Earlier, in August 2018, due to growing opposition to the draft Bill, the government approved three amendments. According to the new amendments, the proposed law will remain ‘non-bailable’ i.e. an accused person has to approach a magistrate to seek bail and the bail cannot be granted at the police station by the police. As per the second amendment, the police would lodge FIR only if approached by the victim, her blood relations or people who become her relatives by virtue of her marriage. The third amendment makes the offence of triple talaq ‘compoundable’, where the parties have an option to settle the dispute. The Supreme Court in August 2017 declared triple talaq illegal and unconstitutional.
Plea Against Triple Talaq Bill Filed In Delhi High Court
A Public Interest Litigation (PIL) has been filed in the Delhi High Court seeking to quash Sections 4 and 7 of the newly passed The Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises instant 'triple talaq' among Muslims and attracts a jail term of three years for the husband.Under Section 4 of the Act, a man who gives 'triple-talaq' to his wife is liable for imprisonment of three years.The petition filed by social activist Shahid Ali stated that the Supreme Court had...
SC Agrees To Hear Pleas Challenging The Constitutional Validity Of triple Talaq Act, Issues Notice To Centre
Judiciary
Aug 23, 2019
Lawstreet News Network
2 Shares
The Supreme Court has agreed to hear pleas challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019.A Bench of Justices N.V. Ramana and Ajay Rastogi issued notice to the Centre seeking their response on the batch of petitions challenging newly enacted law on triple talaq as "unconstitutional" on grounds that it allegedly violates the provisions of the Constitution."We will examine this," the Bench told senior advocate Salman Khurshid, who was...
453 Views
![Parliament Passes Bill To Penalize Triple Talaq [Read Bill]](https://lawstreet.co/secure/uploads/2019/07/lj_5570_Parliament_Passes_Bill_To_Penalize_Triple_Talaq.jpg)
![Triple Talaq: Union Cabinet Approves Ordinance. [Read Ordinance]](https://lawstreet.co/secure/uploads/2019/08/lj_3661_Triple-Talaq-Union-Cabinet-Approves-Ordinance..jpg)
Facebook Comments