Opposition Congress, supported the legislation, however it wanted it to be referred to a parliamentary committee so that several lacunae can be removed and the provisions strengthened in favour of Muslim women.
ANDALIB AKHTER / NEW DELHI
Lok Sabha today passed the controversial Bill on issues related to instant Triple Talaq by voice vote. The Bill known as the Muslim Women (Protection of Rights on Marriage) Bill, 2017 was opposed by many opposition leaders who demanded it to be sent to standing committee.
Several amendments suggested by opposition leaders were rejected by voice vote and by division. Various amendments moved by opposition members, including Asaduddin Owaisi (AIMIM) and Premachandran, were negatived in divisions.
The government’s determination to get the Bill passed could be gauged from the fact that it was introduced in the morning and taken up for consideration in the afternoon by suspending relevant rules and then passed in the evening by sitting late beyond the scheduled close of the House.
The bill seeks to make instant triple talaq in any form–spoken, in writing or by electronic means such as email, SMS and WhatsApp- as bad or illegal and void.
According to the proposed law, giving instant talaq would attract the jail term of three years and a fine. It would be a non-bailable offence.
Introducing the Bill Law minister Ravi Shankar Prasad said the practice of instant triple talaq has been curbed and regulated even in many Islamic countries and a secular country like India will have to ensure justice to Muslim women.
Mr Prasad said, while many leaders speak about constitutional nationalism, the same Constitution also ensures rights to women.
While seeking the support of all parties for its passage, the Minister said the bill should not be seen through an eye of religion or vote bank politics.
Mr Prasad made a strong plea for its passage, saying the law is about justice and respect for women and not about any religion or community.
The Law minister said the government has to bring a bill because the practice of instant triple talaq has continued despite the Supreme Court order terming it illegal.
He said the proposed law would only be applicable to instant triple talaq or ‘talaq-e-biddat’ and give power to the victim to approach a magistrate seeking subsistence allowance for herself and minor children. The woman can also seek the custody of her minor children.
The bill seeks to make instant triple talaq in any form–spoken, in writing or by electronic means such as email, SMS and WhatsApp – as bad or illegal and void.
According to the proposed law, giving instant talaq would attract the jail term of three years and a fine. It would be a non-bailable offence.
Congress leader Mallikarjun Kharge while favouring the Bill said, enough time should be given to elicit public opinion on the subject and the Bill should be sent to standing committee to look into various aspects of the Bill.
Participating in the debate Sushmita Deb of Congress also urged that the Bill be sent to the Standing Committee of the House. She said the Bill has many lacunae which should be removed. Ms Deb criticized the government for making the civil offence a criminal act.
She suggested a provision of corpus for providing maintenance to divorced Muslim women in case their husbands failed to give subsistence allowance.
Meenakshi Lekhi of BJP demanded codification of Sharia Law. She said Talaq-e-biddat is a customary practice which has nothing to do with any religion. Ms. Lekhi accused the opposition leaders of speaking the language of Personal Law Board.
She also made it clear that the proposed legislation is not against any existing law but it is an addition to them for the empowerment of Muslim women.
Soon after Prasad moved the bill for introduction, opposition members raised objections.
RJD leader Jay Prakash Narayan Yadav said the provision for three year imprisonment was unfair, and said it could disturb the social fabric.
AIMIM MP Asaduddin Owaisi said the Bill violated the fundamental rights and lacked “basic legal coherence”.
He also questioned the need to create another law for this, while there was an existing law on domestic violence.
“There is absence of consistency with the existing legal framework. The bill says the husband will be sent to jail, and it also says he will have to pay allowance… How can a person in jail pay allowances,” he said referring to the provision that a woman given triple talaq will have the right to seek maintenance.
He said not enough consultation was done on the Bill, and added: “This will be injustice to Muslim women… Make a law where the 20 lakh women from other religions, who have been abandoned, which also includes our Bhabhi in Gujarat, they should be given justice”.
IUML MP E.T. Mohammed Basheer said it was in violation of Article 25 of the Constitution that provides for freedom of practicing and propagating religion.
BJD leader Bhartruhari Mahtab said there were many internal contradictions in the Bill. “This Bill will only bring more cases in court, government should go back and redraft it,” he said.
Prasad said: “This law is not about religion, it is about gender justice, the dignity and pride of a woman. The Supreme Court called it illegal, but the practice still prevails. Are not the basic rights of our sisters a part of the basic structure of Constitution”.
Opposition Congress, supported the legislation, however it wanted it to be referred to a parliamentary committee so that several lacunae can be removed and the provisions strengthened in favour of Muslim women. The law must ensure that subsistence allowance and maintenance to the women and the children was not stopped, they felt.
Some felt that the BJP government was in a haste to pass the Bill not because of its concern for Muslim women but because it sees this as a first step towards bringing in a uniform civil code. They wanted the measure to be given up immediately.
During the debate, BJP MP Meenakshi Lekhi accused the Congress of appeasing Muslims and said there is a need for codification of Muslim personal laws in the country.
“They (Congress) always did appeasement politics for which the country has paid for 30 years and today we have this chance. If we lose this chance today we will not have another chance.,” she said.
“Codification of Islamic law is needed in this country. No one knows what is Sharia, Talaq-e-Biddat… No one knows the difference,” she added.