- India
- Dec 28
Triple talaq Bill crosses LS hurdle again
For the second time in less than a year, the triple talaq Bill criminalising instant divorce by Muslim men was passed by the Lok Sabha after a heated debate on December 27, with the government projecting it as a matter of “humanity and justice” for Muslim women, and rejecting the contention that it was aimed at targeting a particular community. The Opposition, including the Congress, objected to many of its provisions as “unconstitutional” and claimed that its real purpose was not to empower Muslim women but to penalise Muslim men, as it demanded the revised legislation to be sent to a joint select committee of Parliament for greater scrutiny. With the government rejecting their demand, the Bill was put to vote and passed with 245 MPs voting in its favour and 11 against.
Who piloted the Bill in the Lok Sabha?
Union Law Minister Ravi Shankar Prasad, who put forth the government’s stand, rejected the contention of some Opposition MPs that the Bill was aimed at targeting any community. It is about “insaniyat aur insaaf” (humanity and justice), he said, adding that it should not be weighed on the scales of politics. More than 20 Islamic countries have barred the practice, he said, adding that over 477 cases of triple talaq have been reported since January 2017. It has continued despite the apex court declaring the practice “unconstitutional”, he said. He said the Bill has made the offence compoundable, meaning that the case can be withdrawn if the man and his estranged wife reach a compromise, and that only the wife and her close relatives can file an FIR, ruling out the law’s misuse.
What are the provisions of the Bill?
The Bill provides for making triple talaq a cognizable offence if a complaint is filed by the affected married woman or any person related to her by blood or marriage. A violation can attract a jail term of up to three years and a fine. Bail may be granted by a magistrate only after hearing the woman. There are provisions of compounding (settling the dispute), woman seeking subsistence allowance from the husband for herself and dependent children, and the woman having the right to seek custody of minor children.
Where is the opposition coming from?
Mallikarjun Kharge, leader of the Congress party in the Lok Sabha, said the Bill was against the spirit of the Constitution and has violated several Articles dealing with the rights of individuals. Congress MP Sushmita Dev said the real purpose of the Bill was not to empower Muslim women but to penalise Muslim men. Demanding that the Bill be referred to a parliamentary panel, Dev said criminalisation of triple talaq goes against the Supreme Court verdict. AIADMK leader P. Venugopal, TMC’s Sudip Bandhopadhyay, AIMIM’s Assaduddin Owaisi and NCP’s Supriya Sule also made similar demands. Congress, TMC and AIADMK MPs staged a walkout after the passage of the Bill.
When was the original Bill passed?
The Muslim Women (Protection of Rights on Marriage) Bill was passed by the Lok Sabha in December 28, 2017, but got stuck in the Rajya Sabha amid protest by Opposition parties. The government had then cleared some amendments, including the introduction of a provision of bail, to make it more acceptable. However, as the Bill continued to face resistance in the Upper House, the government issued an ordinance in September, incorporating the amendments. The fresh Bill to make triple talaq a penal offence was introduced in the Lok Sabha on December 17 to replace the ordinance. Under the proposed law, giving instant triple talaq will be illegal and void, and will attract a jail term of three years for the husband. However, the Bill’s fate remains uncertain as it will now go to the Rajya Sabha, where the government lacks numbers and it cannot become a law unless passed by both Houses.
Why is the Bill significant for the BJP?
Ahead of the 2019 general election, the Bill is politically significant because the BJP is trying to position it as a key tool for empowering Muslim women. The BJP and its ideological affiliates, including the RSS, have long railed against the practice of triple talaq, projecting it as an evidence of vote bank politics practised by its “secular” rivals. Union minister Smriti Irani said if Parliament can enact laws to ban dowry and the practice of sati, it can also approve the Bill to ban instant triple talaq. Supporting the Bill’s penal provisions, her colleague Mukhtar Abbas Naqvi said it was important to instil fear in the minds of those still practising it and rejected suggestions that it was against any religion.
How did Muslim bodies react?
The passage of the Bill drew mixed reactions from Muslim bodies with some terming it “dangerous”, while others welcoming it. While All India Muslim Personal Law Board working committee member S.Q.R. Ilyas termed the Bill “dangerous” and said it has been brought keeping in mind the Lok Sabha polls, All India Ulema Council general secretary Maulana Mahmood Daryabadi said there was no point in discussing triple talaq as the SC has declared it unconstitutional.