New Delhi, Sep 19: The Union Cabinet approved an ordinance making triple talaq a criminal offence on Wednesday.
The ordinance, which will be sent to the President of India 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.
Law Minister Ravi Shankar Prasad made the announcement the cabinet meeting.
Addressing a press conference after meeting, he said that incidents 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.
“It’s my serious charge with full sense of responsibility that a distinguished woman leader is ultimate leader of the Congress, yet barbaric inhuman Triple Talaq was not allowed to be ended by a Parliamentary law for pure vote bank politics”, he said.
The Union Minister further stated, ” The core component of this Ordinance is that an offence will be cognizable only when the FIR is filed by the victim wife or her close relations by blood or marriage”.
“Secondly, it’s compoundable, it can be compromised only at the insistence of the wife upon appropriate terms&conditions as determined by the magistrate. Thirdly, a bail can be granted by the magistrate upon reasonable grounds but only after hearing the victim wife also”, he added.
Speaking about the other provisions, Prasad said the mother/victim wife must get the custody of the minor child and the mother is entitled to a maintenance suitably determined by the magistrate for herself and the child.