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Newly Amended Triple Talaq Bill Passed In Lok Sabha - (27 Dec 2018)


The Lok Sabha has passed the Muslim Women (Protection of Rights on Marriage) Bill 2018 in short ‘triple talaq’ bill in the ongoing winter session. The bill has been passed by thumping majority of 245 MPs voting in favour of the Bill and 11 MPs opposing the bill while some of the major opposition parties including congress staged a walk out.

The triple talaq bill was earlier introduced by the Central Government last year and the same was passed by Lok Sabha but the bill could not be passed in Rajya Sabha due to objections by opposition parties. However, since the Bill was not passed in upper house, the Government issued an ordinance. However, the Bill was re-introduced in the ongoing winter session as an ordinance is valid only for six months since its promulgation.

The triple talaq Bill is the outcome of the Supreme Court Judgment which has set aside the decade-old practice of instant triple talaq by muslim husband wherein the Apex Court held that it was violative of Article 14 and 21 of the Indian Constitution. The 5 judge bench headed by the then Chief Justice of India Justice J. S. Khehar, has delivered the verdict which was restricted to the constitutional validity of triple talaq and did not include issues like polygamy and nikah halala under the Muslim personal law.

The new Bill has been amended by the Government in view of opposition’s recommendations, wherein three new amendments have been introduced to ensure the law is not misused making it more acceptable to the affected parties. Now under the new law, only an aggrieved woman or a close relative can file a police complaint against her husband as compared to earlier bill wherein other persons could file the complaint. Now, the muslim wife can withdraw the case if a couple reaches a compromise or settlement. The newly amended Bill further provides that, the Magistrate can now release the husband on bail after hearing the wife. Under the present Bill, the women shall also be entitled to financial assistance from the husband.


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