UPSC PRELIMS MOCK MCQ

• Consider the following statements about Ordinance system in India –

1. Constitution in article 123 provides for the ordinance making

power
2. The ordinance is valid for six weeks from the date when the next
session starts.

A. Only 1 is true
B. Only 2 is true
C. Both are true
D. Both are false
WHAT ARE THE KEY PROVISIONS?
 ORDINANCE ON TRIPLE TALAQ
The Union Cabinet has cleared an ordinance
that makes talaq-e-biddat, or instant
triple talaq, a criminal offence.

Triple Talaq Ordinance: The triple talaq law,

officially called Muslim Women
(Protection of Rights on Marriage) Bill
2017
 ORDINANCE ON TRIPLE TALAQ
• Instant triple talaq will now attract a maximum jail
term of three years.
• The new law has some safeguards, including bail to the
accused before the start of trial.
• So, instant triple talaq will continue to be a “non-
bailable” offence i.e. the police cannot grant bail at
the police station.
• However, the accused can approach a magistrate for bail
even before trial.
CONDITIONS OF RECOGNISING THE OFFENCE
AS NON-BAILABLE
The Bill makes a declaration of Triple Talaq a cognizable and non-
bailable offense. (A cognizable offense is one where a police
officer may arrest a person without a warrant.)

Under the Bill, the offense will be cognizable only if information

relating to the offense is given by:
1. The married woman (against whom Triple Talaq has been
declared)
2. Any person related to her by blood or marriage.
 SHOULD IT BE A CRIMINAL LAW
• The purpose of criminal law is to forbid and prevent
conduct that unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or public
interests.

• In striking down Section 377 of the IPC this month,

the Supreme Court approved the “harm” theory, saying
consensual sexual relations do not harm anybody and
therefore, homosexuality cannot be criminalised.
 WHY AN ORDINANCE NOW?
• The Supreme Court, last year, gave a landmark verdict
that made triple talaq unconstitutional.

• But despite this, the practice of triple talaq continued

unabated across the country.

• Nearly 200 cases had been reported after the Supreme

Court banned triple talaq in August 2017.
 NOTES
• The Magistrate may grant bail to the accused after hearing the woman
(against whom Triple Talaq has been pronounced), and if he is satisfied
that there are reasonable grounds for granting bail.

• The offense may be compounded by the Magistrate upon the request of

the woman (against whom Triple Talaq has been declared).

• Compounding refers to the procedure where the two sides

agree to stop legal proceedings, and settle the dispute. The
terms and conditions of the compounding will be as determined by the
Magistrate.
 UNDERSTANDING THE CONCEPT
Talaq or divorce is classified on the basis of pronouncement as follows:
• Talaq-ul-Sunnat, which is revocable
• Talaq-ul-Biddat, which is irrevocable
• Talaq Ahsan (most proper)
• Talaq Hasan (proper)
Talaq-ul-Biddat is regarded as the disapproved form of talaq and this form is in
contrast to the ideology of the Prophet. In this form, husbands could break the
relation merely by pronouncing talaq three times. Also, it is a unilateral divorce
and is against the gender jurisprudence.
Sharia law does not recognize talaq-ul-Biddat. The practice is followed only in
the Sunni community of Hanafi School and Hanafi Sunnis, which
comprise of around 90 percent of the Muslim population in the country.
 TOUGH RAJYA SABHA TEST

At the business advisory committee meeting in the

last Parliament session, even pro-government JDU
and AIADMK, apart from Congress, SP, BSP, Left
parties and Trinamool, demanded that the
government refer the bill to the select committee.
 ISSUES WITH THE LAW

• Nevertheless, the core issue remains - whether a

marital wrong, essentially a civil matter, should lead to
prosecutions and jail terms.

• Also, it is self-contradictory for a law to both allow a

marriage to continue (as tripe talaq is invalid) and
propose a jail term for the offending husband.