India approves ban on instant divorce

AIMIM Chief Asaduddin Owaisi calls Triple Talaq ordinance Unconstitutional

AIMIM Chief Asaduddin Owaisi calls Triple Talaq ordinance Unconstitutional

"What is important is that the practice of triple talaq continues in spite of the Supreme Court having annulled it and the Lok Sabha having passed a Bill that is pending in the Rajya Sabha".

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. He added that the offence can be compromised only at the insistence of the wife "upon appropriate terms and conditions as determined by the magistrate", and bail can be granted only after hearing the wife also. However, gender justice was given a complete go-by in a secular country like India because of blatant vote-bank politics.

Some said the ordinance ignores problems it could pose to Muslim women and there is need for a comprehensive law, while the Congress said what needed to be done after the Supreme Court quashed this practice was to provide justice to an abandoned Muslim woman and jailing the husband might not serve the objective.

The practice of instant divorce, called "triple talaq", happens in person, over the phone, by text and in email.

Speaking to the media, Union Minister of Law and Justice and Information Technology Ravi Shankar Prasad said that making triple talaq punishable has nothing to do with religion.

Responding to a question by ANI on Congress stonewalling the Triple Talaq Bill in courts and in the Parliament, Congress President Rahul Gandhi, at an event in London, had said "We have an issue with the criminalisation (part of the Bill) but we have not stonewalled anything.

And by criminalising this practice and imposing a draconian prison term, this government is only revealing its intention of going after Muslim men", she told The Quint.

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The ordinance allows for the couple to reach a settlement if the wife wishes, Prasad said, but how much jail time it prescribed was not immediately clear.

"This "triple talaq" ordinance basically is to try and win over a segment in the Muslim community, to win the women's vote among the minorities", said Sandeep Shastri, a political analyst at Jain University in the southern city of Bengaluru.

He said triple talaq was still being given on flimsy grounds such as chappapti getting burnt and wife waking up late.

The accused is entitled to seek bail from a court, not a police officer, but the magistrate would have to hear the wife. The magistrate would also have power to decide the quantum of compensation and subsistence allowance for the victim and her minor children.

The proposed law also addresses "nikah halala", which requires the divorced woman to marry someone else and consummate the marriage if she wants to remarry her husband.

He demanded that Prime Minister Narendra Modi should bring a law to protect Hindu women deserted by their husbands.

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