Bill introduced to make Triple Talaq a Penal Offence

MEGHA MURKYA

18 DEC 2018 : A fresh bill has been introduced in Lok Sabha on Monday to make triple talaq a penal offence. The bill has been introduced to replace an ordinance issued in September.

Under this law giving instant triple talaq will be illegal and will attract a term of three years jail.
Earlier to this bill, a bill was introduced which was accepted in the Lok Sabha but rejected in Rajya Sabha. The bill was introduced with some amendments which included the provision of bail to make it more acceptable. But still faced some opposition in the Rajya Sabha thus government introduced an ordinance, consolidating the amendments. The government has the liberty to re-promulgate the ordinance if the bill fails to get passed.

The new law makes it a non-bailable offence. Although bail cannot be granted in a non-bailable offence by police at the police station, accused can approach a magistrate even before trying to seek bail. And the magistrate is allowed to grant bail after hearing the wife and ensuring that the husband gives compensation to his wife as per the provisions of the law. The FIR regarding the offence can only be lodged by the victim’s blood relations or people who become her relatives by virtue of her marriage.

As per the new law, the offence is compoundable, which means magistrate can use his powers to settle the dispute between husband and wife. And both can withdraw the case, but only if the wife approaches the court. This law would be applicable on instant triple talaq and would empower the victim to approach the magistrate and seek for subsistence allowance and also the custody of her minors on which the magistrate can take the final call.

This came in the wake of cases still being reported of triple talaq even after the Supreme Court’s decision on triple talaq.