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Government re-promulgates ordinance banning triple talaq

A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue

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Activists shout slogans as they protest against the Triple Talaq Bill in New Delhi. File pic/AFP

Activists shout slogans as they protest against the Triple Talaq Bill in New Delhi. File pic/AFP

The government has re-promulgated the ordinance banning the practice of instant triple talaq. Under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, issued on Saturday, divorcing through instant triple talaq will be illegal, void and would attract a jail term of three years for the husband. A Bill to convert the earlier ordinance, issued in September, 2018, was cleared by Lok Sabha in December and was pending in Rajya Sabha. Since the Bill could not get the parliamentary approval, the fresh ordinance was issued.

The Union Cabinet had last week approved reissuance of the ordinance. Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision of bail for the accused before trial These amendments were cleared by the Cabinet on August 29, 2018.

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