The Lok Sabha has passed a bill that makes instant “Triple Talaq” a criminal offence and proposes a three-year jail term for a Muslim man who divorces his wife by uttering the word “talaq” thrice. The bill will now be sent to the Rajya Sabha, where it is expected to face rough weather. Prime Minister Narendra Modi said at a meeting of BJP parliamentarians this morning that he hopes the bill will be passed in parliament with the consensus of all parties.
Here are the top 10 developments in this story:
Law Minister Ravi Shankar Prasad, who introduced the legislation in the Lok Sabha, said it was a “historic day for India” and a “significant step towards women empowerment, women’s respect and women’s rights.” The bill, the minister, said is about justice and respect for women and not about any religion or community.
Several parties opposed the bill’s introduction, including the All India Majlis-e-Ittehadul Muslimeen (AIMIM), whose chief Asaduddin Owaisi alleged that the bill “does injustice to Muslim women,” violates the Right to Freedom and that Muslims were not consulted in its drafting.
The Congress has emphasised that it supports “any move to abolish the Triple Talaq,” though it has questioned the jail term provision and wants some changes in the bill. “We need to strengthen the bill to protect women. If a man who abandons his wife and family is sent to jail how will he give them maintenance?” said Congress spokesperson Randeep Surjewala.
The Congress has said it would prefer a review of the bill by a parliamentary panel and moved an amendment during the vote on the “Triple Talaq” bill in the Lok Sabha; the government has a big majority in the house and so the bill sailed through anyway.
Sources said the main opposition party is likely to seek amendments in the Rajya Sabha as well, which will mean that the bill will have to be sent to a parliamentary committee for review and is unlikely to be passed in the winter session. Both houses must clear legislation for it to become law.
Already the government side is depleted in the Rajya Sabha, with the “Triple Talaq” bill being opposed by parties like the Biju Janata Dal and AIADMK, considered government-friendly as they regularly help it pass bills. The ruling BJP and allies are in a minority in the Rajya Sabha and so need the help of such parties to push bills.
West Bengal chief minister Mamata Banerjee’s Trinamool Congress, which draws substantial support from Muslim voters, has not made its stand on the bill clear yet. The Samajwadi Party, which too counts on Muslim votes, has said it opposes the bill in its current form.
Parliamentary affairs minister Ananth Kumar said after the BJP meet this morning that the government will try to evolve a consensus on the bill in Rajya Sabha by talking to different parties, a process that he said has already begun.
The Supreme Court had in August this year ruled that the “Triple Talaq” is unconstitutional. Muslim women had petitioned the court, arguing that practice of husbands divorcing them through “Triple Talaq”, including by Skype and WhatsApp, not only violated their rights but also left many women destitute.
“Only a law can explicitly ban Triple Talaq, we have to enforce legal procedures to provide allowance and protect custody of children,” said Ravi Shankar Prasad today, noting that “There were 300 triple talaq cases in 2017 of which 100 took place after the Supreme Court verdict.” He also referred to media reports on
Thursday that a woman was divorced by triple talaq in Uttar Pradesh for waking up late.
