Cabinet approves amendment to triple talaq bill; magistrate may now grant bail to accused husbands

The Union Cabinet on Thursday approved inclusion of a provision granting bail to men found guilty of giving instant triple talaq to their wives, sources in the government said.

According to ANI, the offence continues to remain non-bailable, but the magistrate can permit bail. As per the new amendments, the wife and her blood relatives will have the right to lodge an FIR, reported NDTV.

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

File image of protests against triple talaq. Getty

File image of protests against triple talaq. Getty Images

The 'Muslim Women Protection of Rights on Marriage Bill' was cleared by Lok Sabha and is pending in the Rajya Sabha where the government lacks numbers.

Bail provision was one of the demands of the Opposition parties.

Under the amendments cleared on Thursday, the magistrate will have powers to grant bail, the sources said.

The proposed law would only be applicable in instances of instant triple talaq or 'talaq-e-biddat', and would empower victims to approach a magistrate seeking "subsistence allowance" for herself and minor children.

A woman can also seek custody of her minor children from the magistrate who will take a final call on the issue.

The triple talaq bill is yet to be passed by the Rajya Sabha. The bill has already been passed in the Lower House, but remains pending in the Rajya Sabha amid Opposition's reservations.

The Supreme Court in 2017 had banned instant triple talaq, but activists and lawyers urged the government to implement a concrete law to lay down the punishment which will be given to the offenders.

Under the triple talaq practice, a Muslim man can instantly divorce his wife by orally repeating the word "talaq" three times.

With inputs from PTI.

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Updated Date: Aug 09, 2018 16:31:52 IST

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