New Delhi: President Ram Nath Kovind on Thursday re-promulgated an ordinance on Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, which declares the practice of instant Triple Talaq to be void and illegal and also to make it an offence punishable with imprisonment up to three years and fine. The bill is set to lapse with the dissolution of the present Lok Sabha on June 3. The ordinance has been reissued for the third time in less than a year.
News agency ANI reported, “Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 has been promulgated by the President to give continued effect to the provisions brought in by Muslim Women (Protection of Rights on Marriage) Ordinance, 2019.” (Also Read: Triple Talaq Debate in Lok Sabha: Who Said What)
A statement issued by Union Law ministry of Law and order read, “The President of India on February 21, 2019, has promulgated four Ordinances, namely, The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), The Indian Medical Council (Amendment) Second Ordinance, 2019 (Ord. 5 of 2019), The Companies (Amendment) Second Ordinance, 2019 (Ord. 6 of 2019), and The Banning of Unregulated Deposit Schemes Ordinance, 2019 (Ord. 7 of 2019).”
On Tuesday, the cabinet gave its nod to re-issuing of the contentious triple talaq ordinance. A bill to ban the practice of talaq-e-biddat has been passed by Lok Sabha and is pending Rajya Sabha’s nod where the government lacks numbers. (Also Read: Triple Talaq: Asaduddin Owaisi Slams Ravi Shankar Prasad, Says Government Has Vested Interest)
Opposition parties and some community leaders have claimed that jail term for a man for divorcing his wife is legally untenable. The government has asserted that it provides justice and equality to Muslim women.
To a question about the need for a government to clear several ordinances, including the one on triple talaq, weeks ahead of the general election, Finance Minister Arun Jaitley had said on Tuesday that discussions on these ordinances and bills had been “physically prevented” in Parliament.
“It (discussion) has not been prevented because numbers were against it… Indian democracy cannot be helpless. Extraordinary situations do call for such steps,” he had said.
Under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, divorcing through instant triple talaq will be illegal, void and would attract a jail term of three years for the husband
The bill to convert the earlier ordinance, issued in September 2018, was cleared by Lok Sabha in December and is pending in Rajya Sabha. Since the bill could not get parliamentary approval, a fresh ordinance was issued.
(With agency inputs)