The first change in regarding the filing of an FIR in case of an offense. The cabinet has approved amendments which mandate that the FIR be either filed by the victim of triple talaq or immediate blood relations.
The offense has been now made compoundable. Compoundable offences are those offences where, the complainant i.e., the one who has filed the case enter into a compromise, and agrees to have the charges dropped against the accused. That means that the scope for a mediation and compromise has been kept alive.
Third change is the inclusion of a provision of granting bail to men found guilty of giving instant triple talaq to their wives. Although only magistrate will be able to grant bail only after hearing the victim.
The other sections will remain the same. Giving instant triple talaq will continue to be illegal and void and will attract a jail term of three years for the husband.
The centre has given details of the cases of triple talaq before and after the bill was passed in the lower house.
A total of 389 cases of triple talaq were reported across the nation from January 2017 till 23rd July 2018. Of these 229 cases were reported from January 2017 to 22 august 2017 , when the supreme court gave the judgement on the practise. Another 160 cases were reported till 23rd July 2018.
The government has now appealed to the opposition leaders to support the bill and join hands to ensure women equality and justice.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was passed from the Lok Sabha and is pending in Rajya Sabha.
The Bill makes all declaration of talaq, including in written or electronic form, to be void and illegal. The Bill makes declaration of talaq a cognizable and non-bailable offence. A husband declaring talaq can be imprisoned for up to three years along with a fine.
The victim is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The victim is also entitled to seek custody of her minor children. The determination of custody will be made by the Magistrate. With the amendments, now all eyes are on the upper house where the bill will be taken up for passage in due course.