Triple talaq bill: Centre might bring in ordinance or emergency executive order if RS fails to enact law, says report


The Muslim Girls (Safety of Rights on Marriage) Invoice 2017 is about to be tabled within the Rajya Sabha, the place the federal government lacks numbers, on Friday, a day after the Union Cupboard cleared the amendments to the invoice.

Nonetheless, if the Higher Home of the Parliament fails to move the invoice, the Centre intends to herald an ordinance or an emergency govt order to enact the legislation, reported NDTV.

On Thursday, the Cupboard authorized inclusion of a provision granting bail, one of many calls for of the Opposition events, to males discovered responsible of giving on the spot triple talaq to their wives. It additionally authorized that complaints in a triple talaq case can solely be filed by the sufferer (spouse) or a blood relative, with solely a Justice of the Peace, not an area police officer, given energy to grant bails with sure phrases and circumstances.

Whereas the proposed legislation remains to be “non-bailable”, sources later informed PTI the Justice of the Peace would be certain that bail is granted solely after the husband agrees to grant compensation to the spouse as supplied within the invoice. The quantum of compensation will likely be determined by the Justice of the Peace, as per the invoice.

Representational picture. Getty Photos

Giving on the spot triple talaq, or talaq-e-biddat, will proceed to be unlawful and void and can appeal to a jail time period of three years for the husband.

The Bharatiya Janata Celebration-led Centre is hoping to nudge the amended invoice ahead in Rajya Sabha on the final day of the Monsoon Session, and persuade non-NDA events to help the invoice. In any case, the BJP has directed all its MPs to be current within the Rajya Sabha on Friday.

If the federal government introduces extra amendments within the Rajya Sabha, it should return to the Decrease Home for approval of the amendments.

Among the many two massive non-NDA events within the Higher Home which comprise 22 MPs— Odisha chief minister Naveen Patnaik’s Biju Janata Dal (BJD) and Tamil Nadu’s AIADMK — it’s unsure if they may help the amended payments. Nonetheless, it ought to be famous that each these events voted for NDA candidate Harivansh Narayan Singh throughout Thursday’s Rajya Sabha deputy chairman election, the place Singh received with 125 votes in his favour, reported NDTV. 

Talking to reporters in New Delhi on Thursday, legislation minister Ravi Shankar Prasad puzzled whether or not the Congress, the BSP and the TMC would proceed to oppose the invoice even after insertion of the availability of bail.

“Beneath the Dowry Act, Muslims and others go to jail… they’re additionally jailed underneath the Home Violence Act… why oppose jail for triple talaq,” he mentioned.

Urging UPA chairperson Sonia Gandhi, Mayawati and Mamata Banerjee, to help the invoice, Prasad mentioned that if Congress doesn’t help the triple talaq invoice, Gandhi mustn’t speak of gender justice, dignity and equality.

Prasad additionally identified that in 2017, a complete of 389 instances of on the spot triple talaq have been reported. Between January and August final yr, 229 instances have been reported. “This reveals that the invoice is required even after the Supreme Courtroom struck down triple talaq as unlawful.” Even after the invoice was launched, 160 instances have been reported.

The triple talaq invoice was handed within the Lok Sabha final yr, however stays pending within the Rajya Sabha amid Opposition’s reservations. The Supreme Courtroom in 2017 had banned on the spot triple talaq, however activists and attorneys urged the federal government to implement a concrete legislation to put down the punishment that might be handed to the offenders.

Beneath the triple talaq follow, a Muslim man can immediately divorce his spouse by repeating the phrase “talaq” thrice.

With inputs from PTI



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