The practice of instant triple talaq is just a step away from becoming a punishable offence after the lok Sabha on Thursday passed a historic Bill by voice vote. The Bill provides a jail sentence up to three years for the guilty husband.
The Opposition largely backed the Bill, but some members suggested that it should be sent to the standing committee. However, the Government rejected these amendments moved by the Opposition parties saying there was no need for wide consultation on such a limited issue.
The Bill will now be sent to the Rajya Sabha for passage before it is forwarded to the President for signing it into a law. The Bill is also likely to have a smooth passage in the Rajya Sabha, where the Government lacks majority, given the Congress’ stated support to the legislation.
Rejecting the Congress demand for sending the Bill to standing committee, law Minister Ravi Shankar Prasad appealed to all MPs to rise above vote bank politics and support the Bill to ensure gender equality to Muslim women.
Moving the Muslim Women (Protection of Rights on Marriage) Bill for passage in the lok Sabha, Prasad urged the members to pass the measure, saying the Bill should not be linked to or seen through the prism of any religion or politics. “I appeal to this House and the biggest panchayat that please do not see this Bill from the prism of politics,” he said, adding it should neither be confined within the walls of political parties, nor should it be looked as vote bank politics. He said that Muslim women were victimised by instant triple talaq.
Countering the Opposition parties’ demand for wider consultation, the law Minister said this Bill will ensure the spirit of the Supreme Court verdict. He cited that over 100 women faced instant triple talaq even after the SC verdict on August 22. The SC had passed a judgment saying it was unconstitutional and arbitrary. “See the news report today of the plight of a Muslim sister abandoned through triple talaq,” said Prasad.
Several countries, particularly Islamic nations — including Pakistan, Bangladesh, Morocco, Indonesia, Malaysia and Tunisia — have regulated this. “See where Islamic nations have reached and see where we are,” he asked. Prasad said triple talaq practice has inflicted atrocities on Muslim women, “do we close our eyes and keep quite”.
“We do not want to interfere in Sharia. This Bill is on ‘talaq-e-biddat’,” he said, adding “the issue is not of religion, faith, puja, the issue is gender justice, equality and dignity”.
leader of the Congress in the lok Sabha Mallikarjun Kharge demanded that the Bill should be referred to standing committee. “We are all for this Bill but there are certain flaws and difficulties in this,” he said.
He also said no consultations were held on this Bill and there are some lacunae in it which can be rectified by sitting together and the only forum for that is the standing committee. “Why you are in so hurry to give empowerment,” Kharge asked. To this, Prasad said the law was in the interest of the country and this is a small Bill.
Fiercely defending the Bill to make instant triple talaq illegal, Union Minister MJ Akbar said the legislation would have far reaching implications for nine crore Muslim women living under the “constant fear of being divorced”.
The law will give a big blow to those who want to keep women under the constant “fear and terror” in the name of talaq, Akbar said. Quoting extensively from the Quran, the Minister said the holy book requires that Muslim women be given a little more than what is due to them and not less. Recalling an anecdote of the Nehruivan era, Akbar said the country’s first Prime Minister, Jawaharlal Nehru, had during a conversation revealed that he could not reform the Muslim Personal law because the time was not appropriate.
The time to reform the Muslim Personal law is now ripe, said the Minister, adding the legislation may not be an ideal one but “let us not destroy good for the sake of an ideal one”. Akbar also questioned the credibility of All India Muslim Personal law Board (AIMPlB), saying it was a body of only like-minded people and was not reflective of the opinion of the minority community. The AIMPlB is not an elected body and has become a “false voice” of the Muslim community, he said.
Initiating the discussion, Sushmita Dev (Congress) said that triple talaq was a regressive practice but there were apprehensions about its misuse against Muslim men as has happened in the marital rape law. Since there is imprisonment clause in the Bill, the maintenance would be in jeopardy, she said.
“To ensure that maintenance is meted out to the sufferer, is the Government considering building a corpus to provide maintenance to divorced women as the husband would have to face jail term up to 3 yearsIJ” she asked. Dev wondered if the Government was talking about women’s empowerment, why it was delaying women reservation bill.
Supporting the passage, Meenakshi lekhi (BJP) said triple talaq was becoming a social evil and it is a time to firmly deal with this kind of practice. Attacking the Congress, lekhi cited how Rajiv the Gandhi Government brought a Bill to resist the Supreme Court verdict in Sha Bano case. She also said the Bill should have included penal provisions against those Mullahas and Maualavis approving the illegal instant triple talaq. At many points, Speaker Sumitra Mahajan appreciated the BJP MP, while reminding her to cut short the speech.
Opposing the provision of criminality clause, A Anwar Raja (AIADMK) said the Supreme Court had not put the provision of imprisonment. He also alleged that this Government is pursuing communal agenda and it seems that it want to eliminate identity of Muslim in the country.
Echoing similar views, Tathagata Satpathy (BJD) said, “We support the Bill but not the way it is intended to be applied on the ground.” The party was not in favour of the criminality aspect of the Bill, he said expressing apprehension that the resultant thing could be brutal like misuse of Defamation Act.
A Sampath (CPI-M) also demanded the Bill be referred to Standing Committee. “As you are saying it is very important Bill, historic Bill. It is therefore important to be referred to the Standing Committee,” he said. Pointing that the quantum of fine is missing, he said, it comes under civil suit and there is no provision for criminality in this.
AIMIM MP Asaduddin Owaisi’s veiled remarks on Prime Minister Narendra Modi invited opposition from the BJP MPs. Owaisi argued that the Bill violates fundamental rights of Muslims. “Justice should be done to 20 lakh women from all religions, including our bhabhi from Gujarat,” said Owaisi provoking strong reactions from the BJP MPs.
“There is an absence of consistency with the existing legal framework. The Bill says the husband will be sent to jail and it also says he will have to pay allowance….How can person in jail pay allowanceIJ” he said. Many BJPs countered and ridiculed Owaisi reminding him that this Bill is to be seen as a preventive measure against those try for triple talaq. Some MPs shot back at Owaisi that if he doesn’t want to go jail better avoid illegal instant triple talaq. “We know the reason for your anger. Cool down,” many BJP MPs were heard countering Owaisi.