NEW DELHI: With the controversial new legislation seeking to criminalise instant triple talaq (talaq-e-biddat) stuck in Parliament because of Opposition obstruction, the government is considering taking the ordinance route to promulgate it.
While the Muslim Women Protection of Rights in Marriage Act was cleared in the Lok Sabha, the Opposition blocked it in the Rajya Sabha, saying it must be sent to a Select Committee for close scrutiny.
When the Centre had sought the opinion of all state governments on the subject, most of them had supported the new legislation.
The Act is meant to ensure men do not offer instant triple talaq, declared illegal by a recent Supreme Court judgment. It also envisages a provision for the aggrieved wife to seek subsistence and custody of her minor children by moving the court.
All forms of instant triple talaq — proclaimed verbally, through writing or electronic form, are illegal and void, as per the proposed law. The law will make grant of instant talaq a cognisable and non-bailable offence. An aggrieved Muslim woman would be entitled to approach a magistrate court to seek redress.
Even after the Supreme Court declared it illegal, some Muslim men continued with the practice of instant talaq. While there were 177 reported cases of triple talaq before the Supreme Court verdict in August last, 70 such cases instances were reported after the order.