BJP leader Najma Heptullah on Monday charged the UPA Government with ignoring 10 crore Muslim women when it comes to legislation for safeguarding their rights as they do not constitute a vote bank.
Participating in the debate on the Marriage laws (Amendment) Bill in the Rajya Sabha, Heptullah said that though Parliament gives right to equality, Muslim women face discrimination as no specific legislation is brought to protect their rights. She said that when it comes to rights of 10 crore Muslim women, most people remain silent and no party or MP raises their voice. BJP would support the Government if it brings legislation to protect Muslim women from atrocities and exploitation from patriarchal society and wondered why no effort is made by the Congress.
Congress MP Renuka Chowdhury countered, saying her party did not discriminate on basis of religion. law Minister Kapil Sibal also clarified that Muslim women are covered under the Special Marriages Act, which is also being amended along with the Hindu Marriage Act under the Bill which makes irretrievable breakdown of marriage as a ground for divorce. He said passing the Bill would send a message that the House is in favour of women in this patriarchal society. He said the Bill is gender neutral and both husband and wife could apply for divorce citing irretrievable breakdown of marriage but both parties will have to live apart for at least three years before filing such a petition.
The legislation provides for wife and children getting share in the husband’s immovable property after “irretrievable breakdown” of marriage but amount will be decided by the court from the husband’s inherited and inheritable property. Wife is entitled to oppose divorce decree on the ground that it would cause great financial hardships to her. Also of divorce on the ground of irretrievable breakdown can be denied if the court is satisfied that adequate provision for maintenance of children has not been made consistently with the financial capacity of the parties of marriage.
Regarding MPs concern that bill is in favour of women, Sibal clarified that husbands are also entitled from alimony from wife under section 25 of the Hindu Marriage Act.