On Thursday, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017, that proposes to make instant triple talaq a non-bailable offence with a three-year jail term for guilty husbands.
The Central government is making efforts to strike a balance and break the logjam with the Opposition to ensure the passage of the triple talaq Bill in the Rajya Sabha where the ruling coalition NDA does not have majority.
On Thursday, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017, that proposes to make instant triple talaq a non-bailable offence with a three-year jail term for guilty husbands.
The Lower House where the government has majority rejected several amendments, prompting Opposition parties to demand that the proposed legislation be referred to a Select Committee of Parliament for more consultation.
The government is likely to table the Bill in the Upper House next week, hoping to get time to negotiate with the Opposition on some of the provisions like imprisonment.
In August, the Supreme Court ruled as unconstitutional the controversial Islamic practice that allows Muslim men to divorce their wives by uttering the word talaq thrice. But instances of instant triple talaq have continued. On Friday DMK slammed the Central government over the "haste" shown in getting the Bill passed in the Lok Sabha.
The party wanted it to be referred to a Standing Committee.
Party working president MK Stalin also objected to the "stringent" jail term and wanted to know if the government was really concerned about the welfare of Muslim women.
RJD and Samajwadi Party also backed the demand of referring the Bill to a Parliamentary Committee.
Congress has expressed unhappiness at the penal provisions of the Bill, calling them too abrupt for a customary practice which was legal till recently.
Interestingly, BJP MP MJ Akbar, too, seemed to share its view, at least with reference to these specific parts.
The imprisonment clause has been contested by many who say that this would put maintenance in jeopardy.
BJD also called the framing of the Bill "faulty and flawed", raising concerns over the proposed discretion to the police in dealing with cases.
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.
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.
The government is keen for the Bill's passage in the ongoing Winter Session which has only four working days left.
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