President Re-promulgates Triple Talaq Ordinance

President Re-promulgates Triple Talaq Ordinance


President of India Ramnath Kovind on Saturday has re-promulgated the "Muslim Women(Protection of Rights on Marriage) Ordinance, commonly known as Triple Talaq Ordinance.

The ordinance making Triple Talaq a criminal offence was first promulgated on September 20, 2018.

The ordinance move comes after the Triple Talaq bill('Muslim Women Protection of Rights on Marriage Bill) got blocked again in the Rajya Sabha in the last session, though the Lok Sabha had cleared it on December 27, 2018.

"Talaq" for the purposes of the Ordinance means as "talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband".

Section 3 of the Act declares pronouncement of talaq to be void and illegal. Pronouncement of talaq has been made an offence punishable with imprisonment for a term which may extend up to three years and fine. The offence will be cognizable only if the complaint is lodged by the victim wife or her close blood relatives. Also, the offence will be compoundable at the instance of the wife on such terms and conditions as deemed fit by the Magistrate. The offence is also bailable, and Magistrate can grant bail, but only after hearing the wife.

The Ordinance provides for grant of custody of the minor child to the wife, and also maintenance suitably determined by the Magistrate.

Also, as per the Bill, the offences were non-bailable and non-compoundable.

The Cabinet had approved the re-promulgation of Ordinance on Thursday

In August 2017, the Supreme Court had declared the practise of 'triple talaq' to be unconstitutional, by 3:2 majority.