Triple talaq now a criminal offence

​New Delhi: The Narendra Modi-led Union Cabinet on Wednesday approved an ordinance making triple talaq or talaq-e-biddat a punishable offence. As per the Muslim Women (Protection of Rights on Marriage) Bill, 2017, triple talaq in any form — spoken, written or by electronic means such as email, SMS and instant messengers are declared illegal and void, with a punishment of up to three years in jail for the husband.

The ordinance, which will be sent to the President for approval, comes against the backdrop of the government's inability to get a bill on the issue passed in the last monsoon session of Parliament. The government then brought some changes in the original bill providing for only the women or their blood relations to file complaints against the erring husbands in a bid to get support from the Congress and other parties in the Rajya Sabha but did not succeeded in passing it.

Briefing reporters after a meeting of the Union Cabinet on why it was resorting to an ordinance, Union Law Minister Ravi Shankar Prasad said that instances of instant triple talaq have "continued unabated" in spite of the Supreme Court declaring it unconstitutional and Lok Sabha passing a Bill that is now pending in the Rajya Sabha.

He attacked the Congress and said it had not supported the Bill in the Rajya Sabha due to "vote bank politics".
He said there was a "compelling necessity" and "overpowering urgency" to do bring an ordinance. Prasad said the issue pertained to respect for women and not to religion or path of worship.

"The issue of triple talaq has nothing to do with faith, mode of worship. It is pure issue of gender justice and gender equality," he added. He said triple talaq was still being given on flimsy grounds such as chapati getting burnt and wife waking up late. There were instances of the instant divorce having been given on social media platforms such as WhatsApp, he said. "Women are being oppressed, they are suffering. Most instances are taking place in Uttar Pradesh and Telangana," he said.

Giving out figures of triple talaq cases between January 2017 and September 2018 from several states that totalled 430 including 229 before the Supreme Court judgement and 201 later, he said there could be many other unreported cases.

"The bottom line is that cases of triple talaq continue unabated. Whatever we have collected is shocking," he said. Prasad said several Islamic countries have banned instant triple talaq but it still prevailed in a secular country like India.

He said the offence will become cognizable (with provision of three years imprisonment) if the FIR is filed by the woman or by her blood relations. A compromise can be reached at the initiative of woman and with appropriate conditions imposed by the magistrate concerned. He said the purpose was not to break families and a compromise will have the court's seal.

Prasad appealed to UPA chairperson Sonia Gandhi to support the efforts for giving justice to women by rising above the considerations of "vote bank politics." He made a similar appeal to BSP chief Mayawati and West Bengal Chief Minister Mamata Banerjee. "Support it by rising above politics," he said.