Lok Sabha passes bill to criminalise triple talaq

The Lok Sabha has passed a bill to criminalise the practice of instant triple talaq among Muslims with the Indian government asserting that the law was needed as hundreds of cases of instant divorce have come to the fore despite the Supreme Court striking down the practice.

The bill was passed yesterday by voice vote in the Lok Sabha amidst walkout by Congress, Samajwadi Party, Trinamool Congress, DMK among others, reports our New Delhi correspondent.  

Earlier, the bill was passed by the previous 16th Lok Sabha also, but failed to get the clearance in the Rajya Sabha, the upper House, because the opposition enjoyed majority.

The new bill will now go to the Rajya Sabha once again where the opposition still enjoys numerical superiority compared to ruling Bharatiya Janata Party (BJP) which has commanding majority in the Lok Sabha.

Replying to the debate on the Muslim Women (Protection of Rights on Marriage) Bill, 2019, Law Minister Ravi Shankar Prasad said the bill was also required to prescribe punishment for those violating it.

A move by the opposition to stall the bill at the time of its consideration was rejected by a division vote of 303 for and 82 against. Several amendments moved by the opposition were also defeated.

The clause in the bill which criminalises instant triple talaq with a jail term of up to three years for the husband was passed by a division vote of 302 in favour and 78 against.

Responding to questions raised by the lawmakers, Ravi Shankar Prasad said 574 cases of triple talaq were reported since January 2017 and 101 after the issuance of an ordinance in this regard.

He said that despite the August 2017 judgement of the apex court, cases of instant divorce are being reported, adding that this was the main reason behind the proposed law.

Prasad also questioned the opposition lawmakers' objection to jail term for the husband who gives instant triple talaq.

"When Hindus and Muslims are jailed under Dowry Law or Domestic Violence Act, no one objects. What is the objection in penalising the practice?"

As a deterrent, the bill prescribes a jail term of up to three years for the husband for pronouncing triple talaq, he said.

On why the BJP-led NDA coalition government was coming out with a bill concerning Muslim women, the minister said because the practice is prevalent in the Muslim community and not in any other community.

Prasad regretted that despite the explicit opposition to the practice of instant triple talaq in Islamic texts, "the House had to discuss it for the third time".

The intention of those opposing the bill or those wanting it to be referred to the parliamentary standing committee or select committee is to stall it, he said.

He said that Congress could have banned this practice in 1986 at the time of Shahbano controversy but did not do so because of vote bank politics.

"Triple talaq is regulated in 20 countries. When it can change in countries following Sharia Law, why can't in a secular country?" said the law minister.

He also said that even All India Muslim Personal Law Board did nothing in pursuance to a promise made to the Supreme Court that it would educate Muslims and ensure inclusion of safeguards against instant triple talaq in nikkah nama.

Prasad said the bill "is not a question of religion, faith or vote, it is a question of nari samman (women dignity). It is about doing justice to women."

He said what the bill seeks is to ban is talaq-e-biddat and not any other forms of talaq.

Although BJP gets less of minority votes, the party works for the welfare of all communities, the minister also said.

In the context of banning instant triple talaq, he said, "for us, the only stakeholder is women who suffered on account of triple talaq and not the All India Muslim Personal Law Board."

Seeking to dispel fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision for bail for the accused.

While the bill makes it a "non-bailable" offence, an accused can approach a magistrate even before trial to seek bail.

Under the new bill, the wife is entitled for subsistence allowance to be decided by the magistrate after she files a complaint against the husband.

There cannot be any maintenance as instant triple talaq itself is illegal and there is no legal separation, the minister added.