The triple talaq bill was cleared in the Lok Sabha with 245 members voted in favour while 11 voted against the bill. The Congress, TMC, NCP, AIADMK, RJD, BJD, NC, SP members staged a walkout when the division was taking place.
The triple talaq bill or Muslim Women (Protection of Rights on Marriage) bill seeks to end the practice of calling off the marriage by Muslim men by uttering talaq thrice. Now, the law makes the practice a punishable offence with imprisonment of up to 3 years.
The bill proposes to make instant triple talaq or talaq-e-biddat a punishable offence with a jail term of up to three years with a fine.
Another amendment in the bill says that magistrate can decide on releasing the husband on bail only after hearing the wife.
Besides a jail term, the magistrate will have the power to decide on imposing a fine on the husband. The new law gives power to the victim of triple talaq to approach a magistrate seeking subsistence allowance for herself and kids.
The triple talaq victim will also have authority to seek the custody of her minor children. The magistrate will take a final call on the grant of custody of minor children.
The bill will replace the Muslim Women (Protection of Rights on Marriage) Ordinance-2018. The Lok Sabha was adjourned twice yesterday before taking up the bill for debate. The Congress and other opposition parties demanded that the bill be sent to a joint select committee for scrutiny alleging that the Modi government is trying to interfere with the personal law of Muslims.
Law Minister Ravi Shankar Prasad, while introducing the bill on the floor of the Lok Sabha said that it is not against any community, religion or belief but for humanity and providing justice to Muslim women.
He even questioned opposition parties including Congress on their objections related to penal provisions against triple talaq and rejected the demand of sending the Bill to a joint select committee. He questioned when the triple talaq has been banned in over 20 Islamic countries, why it cannot be banned in a secular country like India.
Prasad said, “The Magistrate will take a call on allaying concerns of opposition on compensation and the bill should not be seen through the prism of politics and the House should speak in one voice.”
Leader of Opposition Mallikarjun Kharge said that this is a very important bill. It needs detailed study as it is also a constitutional matter. He was supported by members from TMC, AIADMK, CPI(M), RJD, Aam Aadmi Party, Samajwadi Party, AIMIM and others.
Political Leaders Views:
1. Asaduddin Owaisi, AIMIM:
The Supreme Court is decriminalising adultery and same sex relationships; the government was intent on criminalising triple talaq because you want to send Muslims to jail. The BJP government was not bothered about social problems faced by Hindu women.
2. Mallikarjun Kharge, Congress:
Most of the parties including AIADMK, Biju Janata Dal and Left have demanded that the bill be sent to a joint select committee and the government should accept it. “It is a divisive bill, against the Constitution and violates Muslim personal laws and the right to equality.”
3. P Venugopal, AIADMK:
The leader attacked tha government calling the bill unconstitutional, against natural justice and one of the most barbaric laws to have ever been introduced against the Muslim community.
4. Mohammed Salim, CPI-M:
The question is if you want to give justice to Muslim women… You are naming this bill as protection of rights of Muslim women, but there would be no protection of rights of Muslim women because Muslim women are part of the Muslim community.
5. Ravi Shankar Prasad, BJP:
The main objection of opposition was that the bill seeks to criminalise triple talaq. The same House had passed laws with tough provisions to prevent incidence of rape. When these laws were made, no one said what will happen to the family members of the culprits. Penal provisions of laws such as dowry prohibition Act and domestic violence Act were applicable to all citizens and no one had any objection. Why this objection is only for triple talaq. Behind it is political motive of vote bank. The bill had not been brought to treat any community as a vote bank.
6. Arvind Sawant, Shiv Sena:
If there can be a law for triple talaq, why not bring a bill for Ram temple?
7. Mukhtar Abbas Naqvi, BJP:
The practice of triple talaq is not based on Islamic law but is a “ku-neeti” (social ill). He also responded to the opposition’s argument that a jailed man cannot pay for maintenance, saying, “Why commit a crime at all.”
8. Smriti Irani, BJP:
Not even one such case should occur. This particular talaq-e-bidat has been found bad in theology and has been found bad in the eyes of Supreme Court. I beseech this House to find it bad in legislation also.
9. Meenakshi Lekhi, BJP:
Government is talking not about women’s empowerment but about women-led empowerment…. Whenever we are discussing subjects relating to gender justice, this is not ‘he versus she’. These are issues of human rights violation and these belong to the entire social set-up, and the entire political set-up.
