Triple talaq Ordinance passed: What are the provisions?

AIMIM Chief Asaduddin Owaisi calls Triple Talaq ordinance Unconstitutional

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The Union Cabinet on Wednesday approved an ordinance to criminalize triple talaq, making it a punishable offence after the bill was not taken up for discussion in Rajya Sabha during Monsoon Session in August.

The triple talaq bill aims to "set aside" the centuries-old practice of instant divorce or talaq-e-biddat by men.

In August 2017, the Supreme Court in a landmark verdict had held that the practice of triple talaq violates the Constitutional rights of Muslim women. Jahan had moved the court after her husband divorced her over the phone from Dubai in 2014 by uttering "talaq" three times.

Owaisi, also a member of the All India Muslim Personal Law Board, said that in his personal opinion the board should challenge the ordinance in the Supreme Court as there were strong grounds to do so.

This mode of divorce is not universal among Muslims across the world, as many other Islamic schools of thought prefer the divorce process to be deferred, in many cases over a period of three months.

Triple Talaq will be recognised as a crime only when a woman or her blood relative files a complaint with the police, says Ravi Shankar Prasad.

After the Supreme Court verdict, the Modi government made a decision to introduce a bill to criminalise the practice. The Bill is yet to be introduced in the upper House of the Parliament.

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He alleged that the ordinance was a tactic of the Narendra Modi government to divert people's attention from the skyrocketing prices of petrol and diesel, devaluation of rupee, lack of jobs for youth, instability in Jammu and Kashmir and the failure of governance.

Congress chief spokesperson Randeep Surjewala said the government has not acceded to the Congress request for making a provision for attaching the property of those not providing compensation to the affected women and children after giving them divorce.

The Muslim Women (Protection of Rights on Marriage) Bill 2017 was passed in the Lok Sabha in December a year ago.

In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption.

The second amendment allows her to drop the case if the husband comes around later and they arrive at a compromise.

He said there have been a series of papers citing many instances of Triple Talaq. After the Supreme Court quashed the practice, it has become a law.

Describing the practice as 'barbaric and inhuman, ' he said almost 22 countries have regulated triple talaq.

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