The government on Friday introduced the fresh triple talaq bill in the Lok Sabha amid vehement protests by opposition members who claimed that it was violative of the Constitution.
The Muslim Women (Protection of Rights on Marriage) Bill2019 became the first legislation to be tabled in Parliament by the NarendraModi dispensation in its second term, with Law Minister Ravi Shankar Prasadasserting the legislation was a must for gender equality and justice.
The bill was introduced following a division of votes, with186 members supporting and 74 opposing it. “This is not a question ofreligion but about justice to women,” Prasad said.
Seeking to justify the need to bring in the legislation,Prasad said there were 543 cases of triple talaq reported in the country. Afterthe Supreme Court judgement banning triple talaq practise, Prasad said morethan 200 cases were reported.
“This is a question of dignity of women and we arecommitted to (safeguard) it,” he said.
He said the job of Parliament was to legislate and it was upto courts to interpret the law.
As soon as Speaker Om Birla asked Prasad to move the bill,several opposition members rose in protest and Birla allowed them to put forththeir point of view. Shashi Tharoor of the Congress said he was opposed totriple talaq (instant divorce) but was against this bill as it conflates civiland criminal laws.
He claimed it was a textbook example of class legislation asit was pointed at one community — Muslims– even though abandoning wives isnot unique to it. Tharoor said there should be a law universally applicable toall in case of abandoning wives.
Asaduddin Owaisi of the AIMIM took a dig at the BJP, sayingit has so much affection for Muslim women but is opposed to rights of Hinduwomen to enter Sabrimala Temple in Kerala.
The triple talaq bill violates constitutional rights as itstipulates three-year jail term for guilty Muslim men while non-Muslim men getonly one year of jail term for a similar offence, he said.
N K Premchandran of the RSP also opposed the bill. With thedissolution of the 16th Lok Sabha last month, the previous bill had lapsed asit was pending in the Rajya Sabha.
The Bill, which proposes to make the practice of instanttriple talaq (talaq-e-biddat) a penal offence, had faced objections fromopposition parties from the beginning which claimed that jail term for a manfor divorcing his wife was legally untenable.
The new bill is a copy of the ordinance in force. Bills thatare introduced in the Rajya Sabha and are pending there do not lapse with thedissolution of the Lok Sabha.
However, bills passed by the Lok Sabha and pending in theRajya Sabha lapse with the dissolution of the lower house.
The government had promulgated the ordinance on triple talaqtwice — in September 2018 and in February 2019 — as the contentious billremained pending in the Rajya Sabha, though it was passed by the Lok Sabha.As per the bill, divorcing through instanttriple talaq is illegal, void and will attract a jail term of three years forthe husband.