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India's lower house, controlled by Prime Minister Narendra Modi's Hindu nationalist Bharatiya Janta Party (BJP), passed legislation outlawing the practice in December.

The Muslim Women (Protection of Rights on Marriage) Bill 2017 was passed in the Lok Sabha in December past year.

As per the Muslim Women (Protection of Rights on Marriage) Bill, 2017, triple talaq in any form - spoken, written or by electronic means such as email, SMS and instant messengers are declared illegal and void, with a punishment of up to three years in jail for the husband.

The Supreme Court had in fact struck down the practice of triple talaq calling it unconstitutional. Mr Prasad said a provision has been added to allow the magistrate to grant bail "after hearing the wife".

Owaisi said that the ordinance is against the Fundamental Right of Equality.

Some said the ordinance ignores problems it could pose to Muslim women and there is need for a comprehensive law, while the Congress said what needed to be done after the Supreme Court quashed this practice was to provide justice to an abandoned Muslim woman and jailing the husband might not serve the goal. Under the Ordinance, the offence of Triple Talaq will remain a non-bailable one.


Announcing the decision after the cabinet meeting, union law minister Ravi Shankar Prasad told the media the practice of triple talaq has continued despite the Supreme Court striking it down.

"The bottomline is that cases of triple talaq continue unabated".

Annie Raja, National Federation of Indian Women's general secretary, said she doubts the "intention and sincerity" of the government.

Sandeep Shastri, a political analyst at Jain University in the southern city of Bengaluru, explained: "This "triple talaq" ordinance basically is to try and win over a segment in the Muslim community, to win the women's vote among the minorities". The government said the decision was a "compelling necessity" given the widespread misuse of "talaq-e-biddat", or instant triple talaq. He said that according to the latest ordinance, only the aggrieved woman herself or her family - by blood or marriage, can file a complaint of triple talaq against a Muslim man.

"This ordinance is also a matter of guilt and introspection for them as they forced Muslims women to suffer from this bad practice for decades due to their vote bank politics", he said. She said that because the measure targets the Muslim community, it plays into the country's Islamophobic rhetoric - "they use it as political propaganda that 'We have saved our Muslim sisters.' " The order also puts women "in greater danger", she says, because their husbands will be jailed, leaving them without compensation. The woman will be also entitled to maintenance.

Between January 2018 to August. the Parliament sessions were a washout because of which the Bill was not tabled in Parliament. However, since the practice was still prevalent, the court had asked the government to bring a law against the practice.


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