Opposition loses 'talaq battle' in Rajya Sabha

After a valiant but disjointed effort by the Opposition parties, the ruling BJP-led NDA had the last laugh in the Rajya Sabha on Tuesday as it cruised through to score a big victory by passing the Muslim Women (Protection of Rights on Marriage) Bill, 2019.

Trying to put hurdles in government's way, Congress' T Subbarami Reddy, CPI member Binoy Viswam and Elamaram Kareem and KK Ragesh from the CPM moved a statutory resolution disapproving the February 21 ordinance on triple talaq.

Introducing the bill in the Upper House, law minister Ravi Shankar Prasad a passionate appeal to the members to be empathetic to the Muslim women who despite Supreme Court orders are facing the scourge of triple talaq.

"This issue should not be seen through a political prism or vote-bank politics. This is a question of humanity. This is for ensuring justice to women, dignity and empowerment to women and to ensure gender dignity and equality," said Prasad.

Opening the debate, Amee Yajnik of Congress put up a strong opposition to the bill.

"The top court in its earlier ruling had already struck down this practice as illegal. But there is no thoughtful consideration. Why have you pushed the victim within the criminal jurisprudence where she has to attest before the magistrate and not the family court," said Yajnik asserting that marriage which is a civil contract in Islam should not be criminalised.

She also voiced concern over desertion by husbands faced by women belonging communities other than Muslims who are forced to live a life where they cannot even walkout of the marriage and remarry in the absence of divorce.

In a blistering attack on BJP government, Congress' leader of Opposition, Ghulam Nabi Azad termed the bill as not for the protection of the Muslim women but for the destruction of Muslim families. "It is about tearing apart the family. This law is politically motivated, so Muslim families remain occupied in fighting amongst themselves. Husband and wife will hire lawyers against each other and land will be sold to pay the lawyers. By the time jail term will be over, they'll be bankrupt," said Azad.

"Those who are enthusiastic about this law should try to be with their partner after one of them has been sent to jail for a period of three years, added Azad.

Making his final appeal before voting on the bill, Prasad said, "If god has made triple talaq a sin, then why are we discussing this for four hours…I appeal to all the members to pass it unanimously."

Meanwhile, Rajya Sabha MP Subhash Chandra tweeted that today is historic day for Muslim women.

MUSLIM NATIONS THAT BANNED IT

The practice of triple talaq may be 1,400 years old but a number of Muslim countries have banned it. India, on Tuesday, moved one step close to criminalising the practice after Rajya Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill.

Over the course of leading arguments in favour of criminalising the practice, the government repeatedly said that it is committed towards the empowerment and welfare of women of the Muslim community.  

So which of the Muslim countries have banned the practice of triple talaq?

Saudi Arabia, considered the birthplace of Islam and known for being an extremely conservative country, has a ban on the practice. So does, Pakistan where it was banned when Muslim Family Law Ordinance was issued in 1961.

Countries like Bangladesh, Malaysia, Algeria, Jordan, Iraq, Brunei, the United Arab Emirates, Indonesia, Kuwait and Morocco too are among Muslim countries which frown upon the practice and have banned it.  

Interestingly, Egypt was the first country to ban the practice - way back in 1929.