A fresh Bill to make the practice of tripe talaq among Muslims a penal offence was introduced in the Lok Sabha on Monday with the provisions that a magistrate can offer bail after hearing the wife. The Congress-led Opposition described the provision for non-bailable arrests as harsh and tough on husbands.

While the proposed law makes it a “non-bailable” offence, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by police at the police station itself.

A provision has been added to allow the magistrate to grant bail “after hearing the wife”. Under the proposed law, giving instant triple talaq will be illegal and void and will attract a jail term of three years for the husband.

The Government had cleared some amendments, including introduction of a provision of bail, to make it more palatable.

Introducing the Bill, Law Minister Ravi Shankar Prasad said despite the Supreme Court striking down the practice of talaq-e-biddat (instant triple talaq) as unconstitutional, men were divorcing their wives on flimsy grounds and even via Whatsapp.

Congress’ Shashi Tharoor opposed the introduction of the Bill, saying divorce cannot be made a penal offence and its provisions were against basic principles of the Constitution.

The BJP has decried the Congress for its allegedly retrograde stand similar to the one taken by the Rajiv Gandhi Government on the controversial Shah Bano case in 1986. The Rajiv Gandhi Congress Government, elected in 1984, passed the Muslim Women (Protection on Divorce Act), 1986. This law overturned the verdict in the Shah Bano case and said the maintenance period can only be made liable for the ‘iddat’ period.

Prasad said “improvements” have been made in the Bill and the law was essential to help Muslim women facing the problem of instant triple talaq.

The magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the Bill.

The quantum of compensation will be decided by the magistrate, as per the Bill.

The police would lodge an FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage.

Neighbours and others cannot lodge a complaint under the proposed law.

The Bill will replace the Ordinance issued by the Government in September, this year. The Bill introduced and passed in the Lok Sabha earlier this year could not get passage in the Upper House with the Congress opposing “non-bailable arrest” provision in the Bill.

The fresh Bill will supersede an earlier Bill passed in the Lok Sabha and pending in the Rajya Sabha.

An Ordinance has a life of six months. But from the day a session begins, the Ordinance has to be replaced by a Bill which should be passed by Parliament within 42 days (six weeks), else it lapses.

The Government is at liberty to re-promulgate the Ordinance if the Bill fails to get through Parliament.

The offence of instant triple talaq will be “compoundable”. Now, a magistrate can use his powers to settle the dispute between a husband and his wife. This will happen only when the wife approaches the court.

Under a compoundable offence, both parties have the liberty of withdrawing the case.

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

Citing details of instant triple talaq cases, the Government had last week informed the Lok Sabha that till now 430 incidents of triple talaq have come to the notice of the Government through the media.

Of these, 229 were reported before the Supreme Court judgement, while another 201 came to the notice after it.