Despite protests, triple-talaq bill gets pushed

Opposition speakers urged the government not to rush the Bill through parliament and said the bill would criminalise Muslim men, while the divorced women would, perforce, languish without maintenance and alimony, leaving them worse off

Among the earliest pieces of legislation the Narendra Modi 2.0 government has passed in the 17th Lok Sabha is the bill banning instant triple talaq by which, according to the Islamic Sharia law, a Muslim husband is permitted to divorce his wife instantly, by pronouncing the word talaq (divorce) thrice.

The new law provides for a three-year jail term for Muslim men who get an instant divorce by uttering "Talaq" thrice. The opposition fiercely protested against certain provisions in the bill in its current form, contending that it would end up victimising Muslims. Opposition speakers urged the government not to rush the Bill through parliament and said the bill would criminalise Muslim men, while the divorced women would, perforce, languish without maintenance and alimony, leaving them worse off.

While introducing the bill in the Lok House (or House of the People) Union Law Minister Ravi Shankar Prasad said the bill was about gender justice and had nothing to do with religion. Prasad said the legislation was required since Muslim women are being divorced by this practice of "talaq-e-biddat," despite the August 2017 Supreme Court verdict, striking down this form of instant divorce.

The Supreme Court had noted that 20 Islamic countries, including Pakistan, Afghanistan, Malaysia, Indonesia, Jordan, Egypt and Tunisia had outlawed the triple talaq concept. If they could outlaw the practice, why could it not be done in India, a secular country? Prasad asked.

"The Supreme Court has said that Triple Talaq is arbitrary and unconstitutional and asked Parliament to make a law. When we come up with a law, it is opposed. What should our Muslim women do in this situation? Should our Muslim sisters be left [in this situation]?" asked Prasad. "The Indian Constitution is equal for all daughters," he stated.

Since January 2017, as many as 574 triple talaq cases and, since the Supreme Court order, more than 300 such cases had been reported by the media. "There have been 345 cases of triple talaq after the judgment till July 24. Should we leave these women on roads?" Prasad asked.

As the contentious Muslim Women (Protection of Rights on Marriage) Bill, 2019 bill was passed by a voice vote after a heated debate, the Congress staged a walkout from the House to protest against the bill.

Congress MP Mohammad Jawed said the government should bring "laws for separated women of all communities."

"The Bill which has been tabled is another way to jail Muslims... I oppose this Bill and request the minister to send this Bill to the standing committee for review and make laws for separated women of all communities, not just Muslims," Jawed said. He asserted that the triple talaq bill was in "violation of Article 14 of the Constitution as it discriminates between Muslim women and women of other religions."

Jawed said, "Section 498 (A) of the Indian Penal Code; Domestic Violence Act and Dowry Prohibition Act already applied to Muslims too. Therefore, there is no need for having an additional law to protect only Muslim women."

Earlier, members of the Janata Dal (United), an ally of the ruling Bharatiya Janata Party at the centre, also walked out saying there was need for time, to create public awareness on the issue with the help of Muslim community leaders. Party members also said the bill will create a lack of trust in the society.

Trinamool Congress (TMC) members of parliament (MPs) also staged a walkout in protest against the bill, which criminalises instant divorce.

While the bill had a smooth passage through Lok Sabha, the government is likely to face hurdles in the Rajya Sabha (Upper House or House of States) where the government lacks enough numbers needed to pass a bill on its own. A group of regional parties, which generally have sided with the BJP-led government, including Naveen Patnaik's Biju Janata Dal and Andhra Pradesh's ruling YSR Congress will object to the bill in the Rajya Sabha. Even ally Nitish Kumar has said his Janata Dal United will oppose it.

Meanwhile, the government extended this session of Parliament till August 7. The government is keen to keep up the momentum in passing legislation which it feels will help it fulfil its pledges made to the electorate during the election campaign.