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Triple talaq is criminal offence
Why it is in news?
- The Union Cabinet cleared an ordinance that makes talaq-e-biddat, or instant triple talaq, a criminal offence that will attract a maximum jail term of three years.
- President later in the day gave his assent.
Criminal laws
- The new law however incorporates safeguards including a provision for bail to an accused before the start of the trial.
- While instant triple talaq will continue to be a “non-bailable” offence the police cannot grant bail at the police station the accused can approach a magistrate for bail even before trial.
- There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the Supreme Court’s order last year
- Since January 2017, 430 cases had been reported until September 13 this year.
- Another safeguard that had been added is that the police can lodge an FIR (first information report) only if the complaint is filed by the wife (victim), her blood relations or her relatives by virtue of her marriage.
- Non-relatives or neighbours cannot lodge a complaint under the proposed law.
- The offence of instant triple talaq has also been “compoundable” or a provision that allows the wife to withdraw a complaint or approach the magistrate for a dispute settlement.
Sources
The Hindu