Cabinet nod to ordinance making triple talaq a crime

Update: 2010-09-15 00:00 GMT

NEW DELHI, Sept 19 - The Union Cabinet approved Wednesday an ordinance to ban the practice of instant triple talaq, with Law Minister Ravi Shankar Prasad saying there was a �compelling necessity� to bring the measure as instances of �talaq-e-biddat� continued unabated despite the Supreme Court striking it down.

Under the proposed ordinance, giving instant triple talaq will be illegal and void and will attract a jail term of three years for the husband.

Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision of bail for the accused before trial.

These amendments were cleared by the Cabinet on August 29.

�There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the SC order last year,� Prasad told a press conference.

The Law Minister used the opportunity to attack the Congress, saying it is not supporting the bill pending in Rajya Sabha under �vote bank pressures�.

�It is my serious charge that Sonia Gandhi ji has maintained silence on the issue. She is silent... It has nothing to do with politics but gender justice and dignity,� he said.

He urged UPA chairperson Sonia Gandhi, BSP supremo Mayawati and TMC chief Mayawati to support the bill in the next session of Parliament for the sake of �gender justice, gender equality and gender dignity�.

While the proposed law makes it a �non-bailable� offence, an accused can approach a magistrate even before trial to seek bail.

In a non-bailable offence, bail cannot be granted by police at the police station itself.

Prasad said a provision has been added to allow the magistrate to grant bail �after hearing the wife�.

Sources later said the magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill.

The quantum of compensation will be decided by the magistrate, as per the bill. � PTI

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