Mains Paper 2: Governance | Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these scheme
From UPSC perspective, the following things are important:
Prelims level: Ordinance Making Power of President, Bail Provisions of the ordinance
Mains level: Triple talaq and issues related to it.
Ordinance cleared against instant Triple talaq
- The Union Cabinet has cleared an ordinance as well as Presidents assent has been received that makes talaq-e-biddat, or instant triple talaq, a criminal offence that will attract a maximum jail term of three years.
- The new law incorporates safeguards, including a provision for bail to an accused before the start of the trial.
- The offence of instant triple talaq has also been “compoundable” or a provision that allows the wife to withdraw a complaint or approach the magistrate for a dispute settlement.
Cases are on rise
- 201 cases had been reported from across the country after the Supreme Court banned triple talaq in August 2017.
- Since January 2017, 430 cases had been reported until September this year.
- The practice of triple talaq continues in spite of the Supreme Court having annulled it and the Lok Sabha having passed a Bill that is pending in the Rajya Sabha.
Improvised Bail Provisions
- While instant triple talaq will continue to be a “non-bailable” offence the police cannot grant bail at the police station the accused can approach a magistrate for bail even before trial.
- The magistrate could exercise discretion to grant bail “after hearing the wife”.
- The magistrate would also have power to decide the quantum of compensation and subsistence allowance for the victim and her minor children.
- Another safeguard that had been added is that the police can lodge an FIR (first information report) only if the complaint is filed by the wife (victim), her blood relations or her relatives by virtue of her marriage.
- Non-relatives or neighbours cannot lodge a complaint under the proposed law.
Ordinance making powers of the President (Article 123)
- Ordinance can be proclaimed by the President only during recess when the Parliament is not in session
- It can also be issued when only one house is in session.
- The decision of the President to issue an ordinance can be questioned in a court on the ground that the President prorogued one house or both the houses of the Parliament deliberately with a view to issue an ordinance on a controversial subject.
- Ordinance issued by the President must be laid before both the houses of Parliament when it reassembles.
- From the date of reassembly the ordinance is valid for a period of six weeks.
- The President can withdraw an ordinance at any time.
- Ordinance cannot be issued to amend the constitution.