Lok Sabha passes triple talaq bill amidst opposition walkout


New Delhi, Dec 27 (IANS): The Lok Sabha on Thursday passed a controversial bill that criminalises the practice of triple talaq among Muslims, amidst walkout by the Congress and the BJP ally AIADMK as opposition parties attacked the government saying the measure was aimed at political gains in view of the coming general elections.

The bill, which provides for up to three years' imprisonment for invoking instant divorce by uttering talaq thrice in a single sitting, was passed with 245 in favour and 11 against in a division after rejection of all opposition amendments, after the government turned down demands for referring the bill to a joint select committee for detailed consideration.

The Samajwadi Party and the Nationalist Congress Party (NCP) also joined the walk out.

Strongly defending the bill after a four-hour discussion that broke the impasse in the House over the Rafale deal and other issues, Law Minister Ravi Shankar Prasad said the bill should not be looked at from the prism of politics but was meant to ensure gender justice and will have a deterrent effect.

"Do not look at it from the prism of politics but from that of humanity. It is aimed at giving justice, respect," he said.

The Muslim Women (Protection of Rights on Marriage) Bill, 2018 replaces an ordinance issued in September after the government failed to get the bill passed in the Rajya Sabha earlier this year.

A similar bill was passed by the Lok Sabha in December last year but could not clear the Rajya Sabha where the opposition managed to stall it.

The present bill contains safeguards brought in by the government which makes it clear that only the affected woman or her blood relative can file a complaint with police against the husband instead of anyone lodging a complaint as provided in the previous version of the bill.

The improved legislation also provides for easier bail conditions and makes the offence compoundable by a magistrate after hearing the wife.

The bill will now go to the Rajya Sabha where the government may still find it difficult to push it through.

Opposition members, especially the women MPs belonging to the Congress, NCP and other parties, said that the government had brought the bill with political motives and there was no need to criminalise divorce which is a civil wrong and a social issue.

AIMIM member Asaduddin Owaisi said while the Supreme Court is decriminalising adultery and same sex relationships, the government was intent on criminalising triple talaq because "you want to send Muslims to jail".

At the same time, he said the Bharatiya Janata Party (BJP) government was not bothered about social problems faced by Hindu women.

Referring to the BJP stand on the Sabarimala verdict, he said while the ruling party opposed it saying it is a matter of faith, the same principle is not applicable to a matter of faith for Muslims.

Before leading a walkout of his party ahead of the voting, leader of the Congress group Mallikarjun Kharge said most of the parties -- including AIADMK, Biju Janata Dal (BJD) and left parties -- have demanded that the bill be sent to a joint select committee and the government should accept it.

"It is a divisive bill, against the Constitution and violates Muslim personal laws and the right to equality," he said.

He was followed by the AIADMK whose leader P. Venugopal said his party would also walk out of the House since the government has rejected its demand for a joint select committee.

The AIADMK, which has been supporting the government and may even tie up with the BJP in the Lok Sabha elections, attacked the bill calling it "unconstitutional", against "natural justice" and one of the most "barbaric" laws to have ever been introduced against the Muslim community.

CPI-M member Mohammed Salim said: "The question is if you want to give justice to Muslim women... You are naming this bill as protection of rights of Muslim women, but there would be no protection of rights of Muslim women because Muslim women are part of the Muslim community."

Prasad said the main objection of opposition was that the bill seeks to criminalise triple talaq and noted that the same House had passed laws with tough provisions to prevent incidence of rape.

"When these laws were made, no one said what will happen to the family members of the culprits," he said.

Replying to the debate, Prasad said penal provisions of laws such as dowry prohibition Act and domestic violence Act were applicable to all citizens and no one had any objection.

"Why this objection is only for triple talaq. Behind it is political motive of vote bank," he said, adding that the bill had not been brought to treat any community as a vote bank.

He said that 22 Muslim countries had banned triple talaq or codified it but there was objection to this being done in a secular country like India.

The Minister said the Congress had supported the bill when it was passed in the Lok Sabha in 2017 but was now raising objections.

Prasad said the government had addressed the concerns of members by bringing a new bill and was still willing to consider constructive suggestions but nothing came.

Referring to a media report, he said Pakistan was also considering to criminalise triple talaq.

"The whole world is looking at India," he said.

Prasad said the person against whom a complaint was made would get jail term only after a trial and there was provision of settlement in which the magistrate would record statements.

"Deterrence is always important. If you commit a crime, you will go to the jail," he said.

Targeting the Congress, he said its government had brought legislation to negate the Shah Bano judgement.

Prasad cited the Supreme Court judgement and rejected opposition's contention that there was no need for the bill in view of the verdict.

He said one of the judges had said that "what is bad in theology, bad in law also" and the judgement also mentioned that a law should be enacted.

BJP's sulking ally Shiv Sena, which vociferously supported the bill, utilised the debate to criticise the government for not being equally pro-active on the issue of Ram temple in Ayodhya.

Party member Arvind Sawant said: "If there can be a law for triple talaq, why not bring a bill for Ram temple?"

The government fielded ministers Mukhtar Abbas Naqvi and Smriti Irani, both members of Rajya Sabha, during the debate in which they attacked the Congress.

Naqvi likened the practice of triple talaq with long abolished "Sati Pratha", saying the practice of divorce among Indian Muslims was not related to Islam but was a social evil.

  

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Comment on this article

  • Vishwaprathap, Dubai

    Fri, Dec 28 2018

    I request indian govt. To make a law on 2 childrens only ..if more than 3 children the parenta should pay huge fine

    Reply Report Abuse

  • Shainaz javed shaikh, Mumbai

    Fri, Dec 28 2018

    There is No Instant tripple talq in islam.
    Divorce is the most hateful thing to Allah, but it is allowed (halal) only in the case of absolute necessity. If a couple tried their best to reconcile their differences, but they still could not agree and they found impossible to live with each other, then only in that case they should separate in a proper and decent manner.  The wife can also seek divorce from her husband through khula.
    The proper procedure is to give divorce when a woman is not pregnant and is not going through her monthly menstrual cycle.. After the first talaq women should spend the time of her`iddah (app 3 months) During the period of`iddahthe husband can cancel his divorce and can resume the matrimonial relationship, but if it does not happen then the divorce takes effect and at the end of the`iddah period their marriage ends.

    The provision of the second and third divorce is given for a husband who divorces his wife one time and then cancels his divorce, but then after sometime changes his mind and divorces her again second time. Then he changes his mind and resumes the relationship and then again third time he divorces her. The Shari`ah says that now this relationship should end. Marriage is a serious matter. One cannot keep divorcing one’s wife and returning her back. After the third divorce he cannot take her back. The third divorce is called the “irrevocable divorce” (talaq mughallaz). The wife now becomes forbidden to her husband completely.

    She cannot go back to this husband who has divorced her three times, unless she marries another person who out of his own free will divorces her and then after the`iddahshe and her previous husband want to remarry.This rule is given by the Shari’ah to reduce the occurrence of three divorces and to protect the honor of the woman.
    If a person pronounced the words of divorce to his wife, in a fit of anger, while he lost all control over himself or due to the influence of intoxicants which he sinfully consumed, or he was forced by someone else to do so, then in all these cases his words of divorce are null and void and have no effect.
    In conclusion, let me say that Muslims must protect their family life and must avoid divorce as much as possible. If it becomes necessary to have divorce then use the Islamic methods and procedures.

    Reply Report Abuse

  • Salim, Bagalkot

    Fri, Dec 28 2018

    Good job. Great news. Kudos to the central government.

    Reply Report Abuse

  • Arvind B, Mangalore/Mumbai

    Fri, Dec 28 2018

    The usual Congi supporters are stumped. They party staged a walk out to support the usual community who want to marry more than once.

    Reply Report Abuse

  • mohan, mangalore

    Fri, Dec 28 2018

    CONgress has always been anti-muslim women.
    Remember shah bhano case? Rajiv gandhi brought in ordinance to nullify the order by supreme court ,which was favouring the muslim women.
    Shame on the congress for speaking differently now.

    Reply Report Abuse

  • D'Souza, Mangalore

    Fri, Dec 28 2018

    My dear Mr. Arvind B, Mangalore/Mumbai...

    Do not target only one community for marrying more than once. Why did Dharmendra and Boney Kapoor marry again when both of their his wives were alive? Of course both their former wives are no more now and that is a different issue.

    Well, so you can clearly see that marrying more than once happens in non-Muslim communities too.

    Reply Report Abuse

  • jayant s, BENGALURU

    Fri, Dec 28 2018

    There is no connection whatsoever with Tripe Talaq and Yashodaben as Mr Modi is not divorced her even by single and triple talaq.

    Reply Report Abuse

  • David Pais, Mangalore

    Fri, Dec 28 2018

    y jeshodaben was given talaq by da baalak

    Reply Report Abuse

  • Syed, Mangalore

    Fri, Dec 28 2018

    Why this churcha again after ordinance ????
    When the husband is sent to jail for 3 years...then who will take care of his families?? BJP or Modi ??

    Reply Report Abuse

  • mahesh, mangalore

    Fri, Dec 28 2018

    Start a fund to give assistance to these women.

    Reply Report Abuse

  • syed, Mangalore

    Fri, Dec 28 2018

    Let. FEKU take the lead ...or else the jailed man will abandon his wife
    like modi
    What is your intention.....to punish the husband OR. help the wife

    Reply Report Abuse

  • mohan, mangalore

    Fri, Dec 28 2018

    Then its better not to do the crime in the first place isnt it?
    In dowry case, there is a jail term.
    Why the objection for triple talaq only?

    Reply Report Abuse

  • Syed, Mangalore

    Fri, Dec 28 2018

    In dowry the jail term is one year......why 3 years here....why special love for Muslim husbands

    Reply Report Abuse

  • G R PRABHUJI, Mangalore

    Fri, Dec 28 2018

    In every religion, if a married leaves his wife with out her consent, that person also Supreme Court must punish. And law must be pass in Lok Sabha. Then only all will get justice.

    Reply Report Abuse

  • j.anata, Mangaluru / Bengaluru

    Fri, Dec 28 2018

    Victory for oppressed Muslim women

    Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Dec 28 2018

    First give Justice to Jashodhaben ...

    Reply Report Abuse

  • Maria, Moodbidri

    Fri, Dec 28 2018

    Good move. Triple talaq is a social evil ,where in a moment of time, women can be abandoned by uttering talaqs. This effects the society in large, where govt needs to take care of these muslim women from other citizens tax money by providing bagyas (welfare). Keep in mind that India has the largest muslim population of the world !

    Reply Report Abuse

  • nazeer husain, kuwait

    Fri, Dec 28 2018

    We can observe recent supreme court judgement about babri mosque issue saying mosque is not necessary to offer namaz which can be offerred even in park but the fascist uttar pradesh uncultured yogi govt banned namaz even in parks. SO NOW WHAT THE HONOURABLE SUPREME COURT WILL SAY ................NOW..... Triple talaq bil also has same drawbacks because shariah aspects of islam can only be analysed by the muslim schollars . IT CANNOT BE HANDLED BY MODI REGIME,

    Reply Report Abuse

  • Imtiaz Ahmed, Mangalore

    Thu, Dec 27 2018

    Government should focus on development and should not interfere in other faiths personal matters.

    Reply Report Abuse

  • Rajesh Shetty, Dubai

    Thu, Dec 27 2018

    BJP statement in Kerala : politics or court should not enter into religious matters ... Then Triple Talaq not religious matter ?
    BJP Statement in Kerala : SC verdict on women entering kerala is unacceptable...?
    BJP Statement on Raffle : Congress must not question SC verdict on Raffle....
    All these feku tactics will not work out in 2019....

    Reply Report Abuse

  • D'Souza, Mangalore

    Fri, Dec 28 2018

    Rajesh Shetty - Dubai

    Sir,
    I agree with all the points in your above comment except for one wherein you say.. "politics or court should not enter into religious matters ... Then Triple Talaq not religious matter ?"

    I will not comment about the Triple Talaq Bill as such. But Sir, let me remind you that marriage is a social institution. So naturally Talaq becomes a social matter. From what angle is it a religious matter as you claim it to be?

    In our bio-data which we submit for job interviews, we write:
    Social status/ Marital status : Married/Single/Widow.. blah blah.. We do not write the heading as "Religious status".

    Reply Report Abuse

  • MAHESH, MANGALORE

    Thu, Dec 27 2018

    What about JUSTICE TO JASHODHABEN

    Reply Report Abuse

  • David Pais, Mangalore

    Thu, Dec 27 2018

    marriage is not an agreement. marriage is a holy matrimony. marriage cannot b made null & void just saying talaq, talaq, talaq....

    Reply Report Abuse

  • Anand, Mangalore

    Thu, Dec 27 2018

    Thats very good news!

    Reply Report Abuse

  • Sheikh M, Mangalore

    Thu, Dec 27 2018

    We 'll going to cancel the bill once we get majority

    Reply Report Abuse

  • Prashant Karkera, Hejamady/Mumbai

    Fri, Dec 28 2018

    You are al=ready in majority in neighboring countries .....

    Reply Report Abuse

  • P Shetty, Udupi

    Thu, Dec 27 2018

    Even though law permit to Hindu men and women to seek divorce, the court give them separation time and try to counsel them even before granting divorce.
    May be same is applicable in christainity.
    Hence, everybody should support this law against instant divorce. Regarding the criminality, it should be used as deterrent.
    Even after SC ruling, approx 450 men used triple talaq. Do anybody knows whether these 450 men are giving maintenance to their divorced women.
    Expecting men to pay maintenance, if their is no criminality clause is unbelievable. hence, punishment of 3year jail may deter people. No point in discussing Hindu or christian men deserting their wives without divorce. In such cases, they have an opportunity to drag their husband to court. Recently, govt planning to bring a law to tackle desertion by NRI groom. Best thing is to have a uniform civil code which will be applicable to all Indians.

    Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Thu, Dec 27 2018

    Can BJP bring justice to women who wants to enter the Temple.

    Reply Report Abuse

  • Kumar, Kinnigoli

    Thu, Dec 27 2018

    CAN BJP GIVE JUSTICE TO JASHODABEN.............???????

    Reply Report Abuse

  • Prabhu, Karkala

    Fri, Dec 28 2018

    Can BJP give justice

    Reply Report Abuse

  • Sanjay, HEBRI

    Thu, Dec 27 2018

    Uniform civil code and one couple two child law next.

    Reply Report Abuse

  • Rolf, Dubai

    Thu, Dec 27 2018

    And also to get married at 26 not at 45 .

    Reply Report Abuse

  • Bala K, Mangalore

    Thu, Dec 27 2018

    What an idea?But you will lag behind.Got it??

    Reply Report Abuse


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Title: Lok Sabha passes triple talaq bill amidst opposition walkout



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