December 27, 2018: The Lok Sabha on Thursday passed the Muslim Women (Protection of Rights on Marriage) Bill, also known as Triple Talaq Bil, by negating the amendments moved by some opposition members, making all declarations of instant triple talaq void and illegal.
245 members voted in favour while 11 voted against the bill.
It seeks to make the practice a punishable offence with imprisonment of up to three years.
The Bill will replace the Muslim Women (Protection of Rights on Marriage) Ordinance-2018. Replying to a debate on the Bill, Minister for Law and Justice Ravi Shankar Prasad said, the Bill has not been brought to target any religion but to give justice to women.
He questioned opposition parties including Congress on their objections related to penal provisions against triple Talaq.
He said, deterrence is always important to check such crimes. Allaying concerns of opposition members on compensation, the Minister said, it has been left on the wisdom of the Magistrate. Mr Prasad rejected the demand of sending the Bill to joint select committee.
Earlier, introducing the bill, Ravi Shankar Prasad said it is not against any community, religion or belief but for humanity and providing justice to Muslim women.
He questioned when the Triple Talaq has been banned in over 20 Islamic countries then why it cannot be banned in a secular nation like India.
He urged that the bill should not be seen through the prism of politics and the House should speak in one voice. The Minister said the legislation has addressed the issues raised by the opposition like FIR can only be filed by the victim or her blood relatives or marriage relatives.
Not satisfied with the Minister’s reply and not accepting the demand to send the Bill to joint select committee, Members from Congress, RJD, NC, SP, NCP staged a walkout. While the division was taking place BJD members also walked out.
Earlier, Congress leader Mallikarjun Kharge said this is a very important bill which needs detailed study as it is also a constitutional matter.
He was supported by members from TMC, AIADMK, CPI(M), RJD, Aam Aadmi Party, SP, AIMIM and others. N K Premchandran of RSP moved statutory resolution and opposed the introduction of the bill and also sought to send it to the joint select committee.
Initiating the debate, Sushmita Dev of Congress questioned the Bill saying the civil jurisprudence is being criminalized. She said, the 1986 law was much more progressive than the present bill. She alleged that the Bill is not about empowering women and it is about penalising Muslim men.
AIADMK member Anwar Rajah also opposed the Bill. Sudip Bandyopadhyay of TMC opposed provisions of criminalisation in the Bill. He said, it is excessive and arbitrary.
BJP’s Meenakshi Lekhi said, the intention of Bill is punitive, restorative and reformative. Taking on Congress, she alleged that 1986 legislation for Muslim women was meant for appeasement politics not for empowerment.
Ms Lekhi said, the Bill is all about checking human rights violation and give protection to women.
Intervening into the debate, Minority Affairs Minister Mukhtar Abbas Naqvi pushed for the abolition of instant Triple Talaq saying the Bill is aimed at removing the social evil. He said, it is also for creating fear among offenders who do injustice to Muslim women.
Mr Naqvi wondered over the objection of opposition parties on penal provisions against triple talaq.
The Minister said there is a law against every crime and one should question the criminal provision in the Bill. Another Union Minister Smriti Irani said, Triple Talaq is bad in theology and bad in law.
She said, the Bill was brought for justice, not politics. Ms Irani said, those who are saying marriage is just a contract in Islam, should understand that no contract can be cancelled unilaterally.
She said, either it is done on equal terms or there are consequences. She said, some members said that it is a civil matter and it should not be seen as a crime. Ms Irani added, people had said the same for dowry, but the Parliament passed a law against it.
Supriya Sule of NCP, Dharmendra Yadav of Samajwadi Party, Prem Singh Chandumajra of SAD, Badruddin Ajmal of AIUDF also participated in the debate. (AIR News)
