While the SC had struck down the practice calling it unconstitutional, the Triple Talaq Bill is pending in the Rajya Sabha over a lack of consensus.
In August past year, the Supreme Court ruled unconstitutional a law that allowed Muslim men to divorce their wives simply by uttering the word "talaq", or "divorce" in Arabic, three times.
"The curse of triple talaq has continued unabated", Ravi Shankar Prasad, law and justice minister, told reporters. The cabinet approval for enacting the law by an executive order comes almost 10 months after the NDA government first moved a bill in Parliament.
Prasad accused the Congress of stalling the Triple Talaq Bill in the Rajya Sabha for the sake of its "vote bank politics".
With the president's sign-off on the ordinance, "triple talaq" - the practice of Muslim men uttering "talaq" thrice to get a divorce - has become a punishable with a jail term of up to three years and a fine. The Supreme Court has already banned the practice, " Indian Law Minister, Ravi Prasad told the media in the national capital, hailing it as a major victory for Muslim women. Owaisi added that the ordinance violated the fundamental rights of the Muslim women.More news: Julia Louis-Dreyfus Signs Letter Supporting Kavanaugh Accuser
Prasad further alleged that despite being a woman, UPA chairperson Sonia Gandhi did not support the passage of Triple Talaq Bill.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 had been cleared by the Lok Sabha in December past year but it had been stuck in the Rajya Sabha where the NDA does not have a majority. In a landmark verdict, the apex court disagreed that triple talaq was an integral part of religious practice and found it un-Islamic and "arbitrary".
Now that the President has given his assent, the Ordinance will come into force for six months. "A compromise can also be reached before a magistrate after the affected woman consents to it", he said.
"In a secular country like India. gender justice was given the complete go-by". The wife will be given custody of the child and is entitled to maintenance, decided by the magistrate, for herself and her children.
R S Surjewala, a spokesman for the opposition Congress party, said that the next step would be to ensure Muslim women get alimony. The magistrate is given the power to grant bail with certain terms and conditions. Several Opposition lawmakers argued that it must be sent to a Select Committee for close scrutiny.