Asserting that the ending the practice of instant talaq in Muslim community is about “justice” to women and her right to “equality”, the  Government on Friday introduced afresh triple talaq Bill in the Lok Sabha amid loud protests by Opposition members who claimed it “criminalises”  divorce and  also violates the provisions of the Constitution. 

The Congress said it is opposed to triple talaq (talaq-e-biddat) per se,  but it will not approve the Bill as it criminalises divorce and “pointed at one community.”

Triple talaq, which has been abolished in more than 20 Muslim countries, including Pakistan and Bangladesh, is still practiced in India.

A Bill to abolished it could not get passage in the Upper House early this year as the Congress and other Opposition parties objected to its “stringent provisions”  which includes arrest of the husband divorcing his wife by way of triple talaq.  

The Supreme Court has already declared instant talaq unlawful.

Now the Muslim Women (Protection of Rights on Marriage) Bill 2019 became the first legislation to be tabled in Parliament by the Narendra Modi dispensation in its second term, which replaces the ordinance that  was promulgated by the Modi-Government in February, 2019, to enforce legal provisions against the triple talaq. With the dissolution of the 16th Lok Sabha last month, the previous bill had lapsed as it was pending in the Rajya Sabha.

Introducing  the bill in the Lok Sabha, Union  Law Minister Ravi Shankar Prasad said  the legislation was a must for gender equality and justice.

All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) Asaduddin Owaisi  who had sought division from Speaker Om Birla on the bill took a swipe at the BJP for  not being so kind and affectionate to  Hindu women in Kerala in the Sabrimala temple entry controversy. While Supreme the Court has allowed entry of women in the kerala temple, BJP insists that the traditions  (which do not permit women’s entry  to the temple) should not be tampered with.

The Triple talaq  bill was introduced following a division of votes, with 186 members supporting and 74 opposing it. “This is not a question of religion but about justice to women,” said  Prasad, the Law Minister.

Seeking to justify the need to bring in the legislation, Prasad said there were 543 cases of triple talaq reported in the country. After the Supreme Court judgement banning triple talaq practise, Prasad said more than 200 cases were reported. “This is a question of dignity of women and we are committed to (safeguard) it,” he said.

He said the job of Parliament was to legislate and it was up to courts to interpret the law. As soon as Speaker  asked Prasad to move the bill, several Opposition members rose in protest and Birla allowed them to put forth their point of view.

Shashi Tharoor of the Congress said he was opposed to triple talaq  but was against this bill as it conflates civil and criminal laws.

He claimed it was a textbook example of class legislation as it was pointed at one community -- Muslims-- even though abandoning wives is not unique to it. Tharoor said there should be a law universally applicable to all in case of abandoning wives. In his comments Owaisi said  the  bill violates constitutional rights as it stipulates three-year jail term for guilty Muslim men while non-Muslim men get only one year of jail term for a similar offence, he said.

N K Premchandran of the RSP also opposed the bill. The bill, which proposes to make the practice of instant triple talaq (talaq-e-biddat) a penal offence, had faced objections from Opposition parties from the beginning which claimed that jail term for a man for divorcing his wife was legally untenable.

The new bill is a copy of the ordinance in force. Bills that are introduced in the Rajya Sabha and are pending there do not lapse with the dissolution of the Lok Sabha. However, bills passed by the Lok Sabha and pending in the Rajya Sabha lapse with the dissolution of the Lower House.

As per the bill, divorcing through instant triple talaq is illegal, void and will attract a jail term of three years for the husband.

Seeking to allay 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 during trial with the permission of wife. These amendments were cleared by the Cabinet on August 29, 2018. While giving triple talaq is a “non-bailable” offence as per the bill, an accused can approach a magistrate even before trial to seek bail.