CIVIL SERVICE DIGEST(CSD)
President Promulgates Ordinance banning the practice of instant triple talaq
- President Ram NathKovind has Promulgated an Ordinance banning the practice of instant triple talaq.
- Earlier, Union Cabinet had approved an Ordinance yesterday(Sept 19,2018) making instant triple talaq a punishable offence with a three-year jail term.
- under the Ordinance, the crime will be recognised only when the woman herself or her blood relative files a complaint against the husband.
- The case may be dropped, if the duo reaches a compromise, but only if the wife approaches the magistrate.
- The magistrate can grant the accused bail, on reasonable grounds, but only after hearing his wife.
- The wife will be given custody of the child and will be entitled to maintenance, as decided by the magistrate.
Background and current status:
- The Supreme Court in ShayaraBanovs Union of India had declared Instant Triple Talaq as being unconstitutional (As it violated Art. 14 – Right to Equality – As only men can pronounce Instant Triple Talaq) and directed the Central government to enact a law to make Triple Talaq illegal and define punishments for violators.
- The government has drafted a bill for the same purpose and placed it for parliamentary approval. Currently, LokSabha has passed the bill and the bending in RajyaSabha for approval.
What is Instant Triple Talaq?
- Talaq-e-biddat or Instant Triple Talaq, is a form of irrevocable Islamic divorce.
- It allows any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for “divorce”) three times in oral, written, or more recently, electronic form.
Issues in Instant Triple Talaq:
- This form of divorce has been seen as violating right to equality, as only men can issue the same and not women.
- Triple talaq as a practice is not mentioned in the Quran or Sharia law. It is also largely disapproved by Muslim legal scholars. Several Islamic countries, including Pakistan and Bangladesh, have banned it, although it is technically legal in Sunni Islamic jurisprudence.
- In the recommended practice, a waiting period was required before each pronouncement of each talaq, during which reconciliation was attempted. However in Instant Triple Talaq, it had become common to make all three pronouncements in one sitting.