New Delhi: After 22 MPs spoke in a four-and-a-half hour-long marathon sitting on Thursday, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, taking a crucial step forward to make talaq-e-biddat or instant triple talaq an illegal act that would be punishable with up to three years in jail for the husband of the affected woman.
Under the proposed law, instant triple talaq in any form will be illegal and void, be it through a pronouncement by the husband, or in writing, by email, SMS or on WhatsApp.
The bill also empowers the affected wife to approach a magistrate seeking “subsistence allowance” for herself and minor children, as also their custody.
The debate in Lok Sabha saw members from across the political spectrum presenting their views, objections and suggested corrections. The discussion saw some brilliant speeches. The House passed the bill by voice vote after rejecting a string of amendments moved by Opposition members.
While the government declared the passing of the bill in the Lower House as “historic”, the Congress, RJD, AIMIM, BJD, AIADMK and All India Muslim League opposed the bill terming it arbitrary and a faulty one. The Trinamool Congress did not participate in the deliberations.
Earlier, at the BJP parliamentary party meeting in the morning, Prime Minister Narendra Modi had called for a consensus in passing the bill. Law minister Ravi Shankar Prasad also briefed BJP members on different aspects and provisions of the draft law.
Most Opposition members expressed support for the bill and the spirit behind it but expressed concern on certain provisions, underlining the need for further, wider consultations.
The bill will now be sent to the Rajya Sabha where it is expected to pass muster given the Congress’ stated support to the legislation although the government lacks majority in the House, before being forwarded to the President for the final assent before it becomes a law.
Moving the bill, Mr Prasad said several Islamic nations, including Pakistan, Bangladesh, Morocco, Indonesia, Malaysia and Tunisia, have regulated triple talaq and India should follow suit. “See where Islamic nations have reached and see where we are,” he said.
“I appeal to this House and the biggest panchayat that please do not see this bill from the prism of politics,” the minister said, adding that it should neither be confined within the walls of political parties, nor should it be looked at as vote bank politics.
On August 22, the Supreme Court had ruled triple talaq as unconstitutional and arbitrary. “We were expecting that after this judgment, triple talaq cases would come down and the situation would improve... About 300 triple talaq cases happened in 2017… the issue is not of religion, faith, puja. The issue is gender justice, equality and dignity,” the law minister said.
Demanding that the bill be referred to a Standing Committee, Leader of the Congress in Lok Sabha Mallikarjun Kharge said that no consultations were held and that some lacunae needed to be corrected. “Why are you in a hurry to give empowerment,” Mr Kharge asked.
Initiating the discussion, Sushmita Dev (Congress) said that triple talaq was a regressive practice but there were apprehensions about its misuse against Muslim men.
Asaduddin Owaisi of the AIMIM said that through the law the government was trying to demonise Muslim men and claimed “vested interests” were behind the legislation.
AIADMK’s A. Anwar Raja expressed apprehension about the criminality aspect of the proposed law and said that this is not going to help women but put them under penury.
