The Lok Sabha passed a Bill that proposes to make instant triple talaq a non-bailable offence with a three-year jail term for guilty husbands, a move that was hailed as “historic” by the Narendra Modi government. The Opposition Congress also welcomed the passage and called it the first step towards protection of Muslim women’s rights.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, was passed after an intense debate. The House rejected amendments proposed by AMIM, Congress and BJD.
The Bill will now be sent to the Rajya Sabha for passage before it is forwarded to the President for his assent. The Bill is likely to sail through the Rajya Sabha, given the Congress’ stated support to the proposed law. Turn to P4
In August, the Supreme Court ruled as unconstitutional the controversial Islamic practice that allows Muslim men to divorce their wives simply by uttering the word talaq thrice. But instances of instant triple talaq have continued.
Union Law Minister Ravi Shankar Prasad, who introduced the Bill, called it a “historic” move that would ensure gender justice for Muslim women. He said Parliament cannot remain silent when the fundamental rights of women were being trampled upon. He said the Bill was “not about any religion or community.”
“Even today such an incident took place in Rampur, Uttar Pradesh,” he said adding, the husband divorced his wife simply because she overslept.
The Bill would empower women to seek remedial measures for herself and her children, said Prasad. Under the law, instant triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be illegal.
Trying to score political points, Congress spokesperson Randeep Singh Surjewala told reporters that his was the first political party to welcome the Apex Court’s decision. “We welcome the move. It is a firm step towards protection of women’s rights,” he said.
However, members of RJD, AIMIM, BJD, AIADMK and Indian Union Muslim League opposed the Bill, calling it a faulty and arbitrary in nature. AIMIM leader Asaduddin Owaisi termed the Bill “bad in law” and said its introduction would further alienate the minority.
NCP leader Supriya Sule supported the Bill, with riders. She asked for removal of the three-year prison term provision. She suggested remedial action in the form of counselling.
Muslim League’s ET Mohammed Bashir said the proposed law violated personal laws and was a politically motivated move by the BJP government. BJD’s B Mahtab said that he would not delve into the merits of the Bill and called the framing ‘faulty and flawed’.
The government has said the Bill “empowers” Indian Muslim women by giving them a larger say in dissolving marriages, custody of minor children and the right to seek maintenance from their estranged husbands. Once the law is in place, victims will have the option of approaching the police and the legal system.
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