Bail provision now in triple talaq Bill

New Delhi, August 9

The government on Thursday approved inclusion of a provision of granting bail to men accused of giving instant triple talaq to their wives. The approval came at the meeting of the Union Cabinet chaired by Prime Minister Narendra Modi.

 While the offence will remain non-bailable, the latest provision makes it permissible for a magistrate to grant bail to the accused.

Instant triple talaq will continue to be illegal and void and will attract a jail term of three years for the husband.

The Muslim Women Protection of Rights on Marriage Bill, cleared by the Lok Sabha, is pending in the Rajya Sabha, where the government lacks numbers and the provision of bail was one of the demands of the Opposition.  

The Bill aims to “set aside” the centuries-old practice of instant divorce by men.

The government drafted the Bill last year after the Supreme Court called the practice un-Islamic. 

The proposed law would be applicable on instant triple talaq and would give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children.

Congress chief Rahul Gandhi had last month written to the PM to ensure passage of the Women’s Reservation Bill in the monsoon session. A day later, Law Minister Ravi Shankar Prasad responded with a “new deal” of equality by joining hands to pass the Bills on instant triple talaq and nikah halala too. — TNS

Other changes

• FIR against a man giving triple talaq will be cognisable only if filed by the victim or anyone having blood relation or relation by marriage
• If the wife and husband agree to settle differences, the magistrate can compound the offence on appropriate terms and conditions