Instant triple talaq becomes a crime in India

Wednesday 07th August 2019 07:20 EDT
 

Nearly two years after the Supreme Court set aside the centuries-old practice of instant triple talaq or talaq-e-biddat calling it un-Islamic, arbitrary and not an integral part of religious practice, The Muslim Women (Protection of Rights on Marriage) Bill, 2019 got the stamp of Parliament when it was cleared by Rajya Sabha, after it got the nod from Lok Sabha. The passage of the bill is a major win for the government given that ruling NDA lacks numbers in Rajya Sabha. The Bill was passed with 99 votes in favour and 84 against after BJD came out in support, allies JD (U) and AIADMK walked out while the Opposition BSP, TDP and TRS did a no-show.

Prime Minister Narendra Modi hailed the passage of the Bill: “An archaic and medieval practice has finally been confined to the dustbin of history! Parliament abolishes Triple Talaq and corrects a historical wrong done to Muslim women. This is a victory of gender justice and will further equality in society. India rejoices today!” Home Minister Amit Shah described it as a great day for democracy: “I congratulate PM @narendramodi ji for fulfilling his commitment and ensuring a law to ban triple talaq, which will free Muslim women from the curse of this regressive practice. I thank all parties who supported this historic Bill.”

This was a second setback for the Opposition in a week - its attempt to force referral of The Right to Information (Amendment) Bill, 2019 to a Select Committee had failed last week. While participating in the debate, the AIADMK opposed the Bill and demanded that it be sent to a Select Committee, but staged a walkout hours before the motion was put to vote. Opposition benches too were not full.

Introducing the Bill, Law Minister Ravi Shankar Prasad called it a historic day. The law, he said, follows from the Supreme Court judgment of 2017 but even after that, newspapers have reported 574 cases of instant triple talaq. It is a matter of gender justice, gender dignity and gender equality, Prasad said. Among the frivolous reasons for which instant triple talaq has been given, he said, are things like a roti gone wrong or because the wife asked for money to buy vegetables.

The Opposition’s main objection to the bill was declaration of triple talaq as a cognizable offence, attracting up to three years imprisonment with a fine. Speaker after speaker referred to it, saying that a Muslim woman who has been given triple talaq and her children will be left in the lurch if the husband is sent to jail. In his reply, Prasad said many personal laws like the Hindu Marriage Act and Dowry Prohibition Act have penal provisions. He said cruelty against wife is also a criminal offence under the Indian Penal Code.

Leader of Opposition Ghulam Nabi Azad, in his brief intervention, accused the government of attempting to finish the Muslim community by bringing this Bill. “This Bill is called The Muslim Women (Protection of Rights on Marriage) Bill. It is a misnomer. In my view, the real intention is destruction of Muslim families,” he said.


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