The Modi cabinet has approved the ordinance making the Triple Talaq in Muslim society a punishable crime. The Bill to this effect was passed by the Lok Sabha in December 2017 but struck in the Rajya Sabha in last 2 sessions as certain parties wanted changes in the Bill.
The Modi Government on the constitutional urgency took resource to issue ordinance on enforce the Supreme Court directive. In August 2017 the Supreme Court declared the instant Triple Talaq illegal and directed the Government to make a law to this effect. The two judges called at arbitrary and one judge termed it a sin.
At that time some Muslim leaders of certain community organization said that there was no need to frame the law and Muslim honouring the Supreme Court decision to make it illegal the Muslims would not practice it any more. But even after the Supreme Court judgment there were 201 Triple Talaq cases were reported and there must be much more such a cases that have not come into light.
Government waited for some time to judge the Muslim attitude but with their defiant attitude decided to frame the law to give protection with legal remedies have no other option but to go for enactment of a specific law on the directive of the Supreme Court.
With the political attitude it appeared that it may also linger on Parliament like Women Reservation Bill for years.Now with the promulgation or ordinance the Triple Talaq will be treated “Talaq Given” but in the other hand the husband will be prosecuted and punished for committing punishable offence. Now even in Talaq in proper way under the Divorce Act the women can seek maintenance for her and her children.
The Union Law Minister Mr.Ravishankar Prasad said that atrocities of Triple Talaq continued on Muslim women unabated despite the Supreme Court orders. There were as many as 430 Triple Talaq took place between January 2017 to September 2018 out of it 229 such cases came up before the Supreme Court orders and after the order 201 cases came on records.
There are many unreported cases. Therefore there is a compelling necessity to come with an ordinance. Some cases the Triple Talaq has been given just because the ‘Roti’ was not upto the mark or she got up late in the morning.
This showed that anything can be a cause to give Talaq and women has no hearing remedy or justice in the religious system. The Supreme Court order and the ordinance are the liberation of Muslim women.