Twitter
Advertisement

Supreme Court refuses to entertain petitions challenging triple talaq ordinance

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

Latest News
article-main
FacebookTwitterWhatsappLinkedin

The Supreme Court on Friday dismissed petitions challenging the triple talaq ordinance brought by the Centre to criminalise the practice. Chief Justice of India (CJI) Ranjan Gogoi refused to entertain a number of petitions that were filed to challenge the ordinance.

Last month, PILs were filed in Madras High Court as well as in the Bombay High Court challenging the ordinance brought by the Narendra Modi government after it failed to get a proposed bill passed in the Parliament. 

Instant triple talaq, also known as talaq-e-biddat, is an instant divorce whereby a Muslim man can divorce his wife by pronouncing 'talaq' three times in one go. The ordinance makes the practice of instant 'triple talaq' a punishable offence. 

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

The new law makes it a "non-bailable" offence but 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.

Announcing the Union Cabinet's approval of the ordinance on September 19, Union Law Minister Ravi Shankar Prasad said there was a "compelling necessity" to bring the measure as instances of 'talaq-e-biddat' continued unabated despite the Supreme Court striking it down.

The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children

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

Citing details of instant triple talaq cases, the minister said till now 430 incidents of triple talaq have come to the notice of the government through the media. Of these, he said, 229 were reported before the Supreme Court judgement, while another 201 came to the notice after it.

These cases were reported between the period of January 2017 to September 13, 2018, he said.

(With PTI inputs)

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement