HYDERABAD: All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi on Wednesday called the ordinance against triple talaq unconstitutional.
“This Ordinance is unconstitutional. The ordinance is against the Constitution's right to equality as it is being made only for Muslims. All India Muslim Personal Law Board & women organisations should challenge this ordinance in the Supreme Court,” said the Hyderabad MP.
Earlier in the day, the Centre approved an ordinance making triple talaq a punishable offence.
“This ordinance is against the Muslim women,” added Owaisi.
“This ordinance will not provide justice to the Muslim women. In Islam, marriage is a civil contract and bringing penal provisions in it is wrong,” he said.
“Cabinet has today approved an ordinance on Triple Talaq. The core component of this Ordinance is that an offence will be cognizable only when the FIR is filed by the victim wife or her close relations by blood or marriage,” informed Union Law Minister Ravi Shankar Prasad.
According to reports, the Union Cabinet also cleared an executive order in this regard.
“Secondly, it's compoundable, it can be compromised only at the insistence of the wife upon appropriate terms and conditions as determined by the magistrate. Thirdly, a bail can be granted by the magistrate upon reasonable grounds but only after hearing the victim wife also,'' Prasad said.
''As for other provisions are concerned, the mother/victim wife must get the custody of the minor child and the mother is entitled to a maintenance suitably determined by the magistrate for herself and the child,'' the Law Minister said.
Triple talaq is the practice of instant divorce followed by Muslims.
In a landmark judgment, the Supreme Court of India in August 2017 called triple talaq 'arbitrary' and 'unconstitutional'.