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Bill criminalising instant triple talaq passed by Lok Sabha

July 25: The contentious bill to make the practice of instant triple talaq illegal with up to three years in jail for the husband was taken up by the Lok Sabha on 25 July for consideration. On Thursday, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019.

Moving the bill for consideration, Law Minister Ravi Shankar Prasad said the legislation was a must for gender equality and justice as despite an August 2017 Supreme Court verdict striking down the practice of instant triple talaq , women are being divorced by ‘talaq-e-biddat’. He said, since January 2017, 574 such cases have been reported by the media.

Cleared after a prolonged debate in the lower house with a majority of 303 votes this is the first time that the bill was tabled in the 17th Lok Sabha by the Central Government after coming back to power. The debate witnessed a walkout by BJP ally Nitish Kumar’s Janata Dal United (JDU). Two other opposition parties – the Congress and the Trinamool Congress – walked out after the voice vote.

While the bill makes triple talaq a “non-bailable” offence, an accused can approach a magistrate even before trial to seek bail. A provision has been added to allow the magistrate to grant bail “after hearing the wife”,’’ the Minister said. In a non-bailable offence, bail cannot be granted by police at the police station itself. The bill will now have to face the Rajya Sabha test.

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