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Triple talaq ban : GoI takes ordinance route

A member of Khawateen Markaz, a Kashmiri women's separatist group, attends a protest against recent riots, in Srinagar August 12, 2013. Three people died in riots between Hindus and Muslims over the weekend. Opposition parties linked the rioting to the renewed border tensions between India and Pakistan, because some of the protesters involved had brandished a Pakistani flag.  Pakistan accused Indian troops of firing shells across the disputed border in Kashmir on Monday and tensions ran high in both countries after last week's killing of Indian soldiers set off a wave of skirmishes between the two nuclear-armed rivals. REUTERS/Danish Ismail (INDIAN-ADMINISTERED KASHMIR - Tags: MILITARY CIVIL UNREST) - RTX12IDE

New Delhi, Sep 19: The Union Cabinet on Wednesday approved an ordinance making triple talaq a punishable offence after the government failed to pass it through both houses of Parliament.

The ordinance would have similar provisions as The Muslim Women Protection of Rights in Marriage Act, which was cleared by the Lok Sabha last year. There are two amendments in the ordinance – it provides for conditional bail for the accused, and the FIR can be filed by the victim or a family member of the victim.


The ordinance will now be sent to President Ram Nath Kovind for approval, following which it becomes law in the country.  The ordinance is valid for just six months, following which it will have to be reissued.

The Triple Talaq Bill covers instant triple talaq delivered in any form whether delivered orally, including telephone or a mobile call, or in writing or through electronic medium like WhatsApp or SMS illegal.

The Supreme Court had in a verdict in August last year declared instant triple talaq illegal and unconstitutional.

The bill had faced a stiff resistance in the Rajya Sabha where several Opposition lawmakers argued that it must be sent to a Select Committee for close scrutiny.

In view of the growing Opposition to the proposed legislation, the Centre had even sought the opinion of all state governments on the subject, and, most of them had supported it.