The central government has passed the ordinance to enforce that triple talaq or instant divorce is an offence in the country.
This comes as the bill is stuck in Rajya Sabha and could not be passed in parliament in August.
The draft law was deferred as government brought the official amendments on the last day of the Rajya Sabha in the monsoon session where the government is in a minority.
As per the ordinance, the Muslim Women (Protection of Rights on Marriage) Bill 2017 has been passed in the Lok Sabha but has been stalled in the Rajya Sabha over protests by the opposition.
The proposed law makes “triple talaq” an offence with a jail term of up to three years and a fine. The woman will be entitled to maintenance.
The government has addressed concerns that anyone, even neighbours, could file complaints.
It is also said that the woman can also drop charges if her husband is open to a compromise.
It will be a judge who will decide whether to grant bail after hearing the wife.
However, the non-bailable provision has been retained as a deterrent.
The proposed law also addresses “nikah halala”, which requires the divorced woman to marry someone else and consummate the marriage if she wants to remarry her husband.>