Govt Policies & Interventions

KEY POINTS

·        The central government has recently passed an Ordinance making talaq-e-biddat (or) instant triple talaq a criminal offence.

·        It makes all forms of declaration of instant talaq to be void.

·        Also, Instant triple talaq will now attract a maximum jail term of three years.

Issues with the ordinance

·        The Supreme Court has already set aside instant triple talaq in Shayara Bano case (2017).

·        Under this, a Muslim man can no longer use it to cause ‘harm’ to his wife.

·        After rendering talaq-e-biddat inoperative, considering it a cognisable and non-bailable offence seems illogical.

·        Thus, imprisonment of 3 years for triple talaq is excessive, arbitrary, irrational and thus violative of Article 14 of the Constitution.

·        Also the core issue still remains – whether a marital wrong, essentially a civil matter, should lead to prosecutions and jail terms.

Concerns with the Ordinance route

·        The Lok Sabha has passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017.

·        The Bill seeks to give statutory form to the Supreme Court ruling of 2017.

·        But, it is pending in the Rajya Sabha due to lack of consensus driven by some controversial provisions.

·        At this juncture, the use of ordinance route lends credence to accusations that the legislature was undemocratically circumvented to serve the political interests.

·        Article 123 empowers the President to promulgate an ordinance only when urgent situations arise during the recess of Parliament.

·        In the case of triple talaq, no such emergency came to light.

·        Mere lack of consensus in the Rajya Sabha is not a good enough reason to promulgate an ordinance.

Kindly  review.