Cabinet clears provision for bail in triple talaq bill


New Delhi, August 9: A proposed law to make triple talaq or instant divorce an offence will be diluted before it comes up for vote in the Rajya Sabha, the government has announced.
The union cabinet on Thursday cleared the amendments to the Muslim Women Protection of Rights on Marriage Bill that will allow a magistrate to grant bail, said law minister Ravi Shankar Prasad. “Magistrate can grant bail after hearing the wife,” he was quoted by ANI saying.
Opposition parties in the Rajya Sabha, where the government doesn’t have the numbers, are expected to support the amended bill. A provision for bail was one of the demands of the opposition parties.
The proposed law would only be applicable on instant triple talaq or ‘talaq-e-biddat’ and it would give power to the woman to approach a magistrate seeking “subsistence allowance” for herself and her minor children.
A woman can also seek the custody of her minor children from the magistrate, who will take a final call on the issue.
The Supreme Court ruled last year that the practice followed by Muslim men was unconstitutional and in violation of Article 14 of the Constitution, which provides for equality before the law.
India has separate sets of personal laws for each religion pertaining to marriage, divorce, adoption and inheritance. Muslims are allowed to marry and divorce according to the Shariah or Islamic law. (Agencies)