Govt clears ordinance on triple talaq, makes it penal offence

In a major decision, the Union Cabinet has taken an ordinance (executive order) route to make the practice of instant triple talaq a penal offence. The ordinance now needs President Ram Nath Kovind's nod before it becomes a law. While the law provides much-needed protection to the victims who are abused using 'triple talak' (verbal divorce), it could be a game changer for the ruling BJP as far its upcoming poll prospects are concerned.

The 'Muslim Women Protection of Rights on Marriage Bill' was cleared by the Lok Sabha and is pending in the Rajya Sabha where the government lacks numbers. During his Independence Day speech, Prime Minister had said the Opposition parties had created hurdles in its clearance in the Rajya Sabha after his government brought it during the Monsoon Session. "There are some people who do not want it [the bill] to be passed," he had said, adding that the rights of "Muslim sisters and daughters" would be protected.

If the President gives his consent to the ordinance, it will become a law. Thereafter, it will have to be approved by both the houses in the next six months. The saffron party's decision to bring the ordinance on triple talaq seems to be a well thought-out strategy to garner minority votes considering the upcoming Lok Sabha elections in 2019. Any party opposing the bill in Parliament could face serious consequences in the Lok Sabha polls.

The Supreme Court in 2017 had banned the practice but it was still prevalent. Later, the government brought a bill to make it a penal offence.

Meanwhile, the Congress party has criticised the BJP for not including 'alimony' clause in the executive order, thereby not doing enough for the Muslim women. "An unnerved BJP, finding itself cornered on the issue of repeated and gruesome rape incidents, as also issues of women security, is seeking to divert and reset the political agenda by hurriedly bringing an ordinance on 'Instant Triple Talaq'," Congress spokesperson Randeep Singh Surjewala said.

Union Law Minister Ravi Shankar Prasad said the executive order on triple talaq will make the offense cognisable only if a victim or her blood relatives file an FIR with the police. He said ordinance says that the mother or victim wife must get the custody of a minor child and the accused is liable to pay them a maintenance, which will be decided by the magistrate concerned. The ordinance allows only wife or the victim to make compromise, if she wants, said the minister. He also said the Congress party had not allowed passing of the triple talaq bill in Parliament.

Senior Congress leader Anand Sharma said: "We were ready to discuss the issue with the government. But they failed to reach out to opposition leaders. This is their style of functioning."