In an effort to rid the opposition of reasons to protest against the triple talaq bill, which has been stuck in the Rajya Sabha, the Union cabinet on Thursday approved amendments in the proposed legislation, which include a provision to allow the magistrate to give bail to the accused.
The cabinet cleared three amendments to the bill, the most important of which is that while triple talaq will continue to be a non-bailable offence, it will be up to the magistrate to decide if the accused can be granted bail.
“It has been made compoundable. If the wife and the husband desire to settle their differences then the magistrate can compound the offence on appropriate terms and conditions. Magistrate can grant bail after hearing the wife,” said Ravi Shankar Prasad, Union Minister for Law and Justice.
Another amendment to the Muslim Women (Protection of Rights of Marriage) Bill, 2017 will now ensure that an FIR against a husband who gives triple talaq instantaneously and breaks marriage, shall only become cognisable when it is filed by the victim or somebody in a blood relation or a relation by marriage.
The bill, which was introduced after the Supreme Court declared instant triple talaq unconstitutional and hence illegal, makes the practice a criminal offence. It was passed by the Lok Sabha in December 2017, after a number of amendments sought by opposition parties were rejected.
By bringing in amendments to the bill, the government has made an effort to soften the opposition to it by BJP's rival parties. The bill is stuck in the Rajya Sabha, where the opposition has a substantial presence. A number of parties had expressed serious reservations with the bill, especially with the provision to make triple talaq a criminal offence and providing for jail term for those found guilty of it.
Referring to the political backdrop of the bill, Prasad said he wanted to appeal to UPA Chairperson Sonia Gandhi to support it. “I want to appeal to Sonia Gandhi to clearly state her party's stand...like your party did not vote against the bill in the Lok Sabha, we expect the same from you in the Rajya Sabha,” the minister said.
“Our government has strengthened the bill as much as possible, and we have also now allayed all the apprehensions that were there with regard to the bill,” Prasad said.