Triple Talaq Bill Amendments: Cabinet approves provision of granting bail by magistrate

The Union Cabinet on August 9 approved inclusion of a provision of granting bail to men accused of giving instant triple talaq to their wives in the Muslim Women Protection of Rights on Marriage Bill, government sources said.

The opposition demanded provision of bail and under the amendments cleared on August 9, the magistrate would have powers to grant bail to the accused, the sources said.

The proposed amended law would only be applicable to instant triple talaq or ‘talaq-e-biddat’ and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for her and minor children.

Giving away instant triple talaq will continue to be illegal and will attract a jail term of three years for the husband.

Cabinet proposed three amendments:

First, if the husband gives triple talaq instantaneously and breaks marriage then FIR shall only become cognizable when it is filed by the victim or blood relation or relation by marriage.

Second, it has been made compoundable – if the wife and the husband desire to settle their differences then the magistrate can compound the offense on appropriate terms and conditions.

Third and finally, magistrate can grant bail after hearing the wife.