New Delhi, July 25 (IANS): The contentious Bill to ban the practice of triple talaq among Muslims and punish the guilty husband with three years jail was on Thursday passed by the Lok Sabha despite the opposition’s demand for its scrutiny by a Standing Committee.
The Muslim Women (Protection of Rights on Marriage) Bill, 2019 which prohibits divorce by pronouncing talaq thrice in one occasion by their husbands was passed with 303 votes in favour and 82 against.
Replying to debate, Law Minister Ravi Shankar Prasad, who moved the Bill for passage, said the legislation is not related to politics or religion, but “a matter of women’s dignity”.
He said that Muslim women themselves have come up to him to tell him that after this law comes to be, they will celebrate Eid and Independence Day.
Noting many evils among Hindus in the country, such as sati and dowry, were penalised, Prasad said that penal law acts as a deterrent.
He said the only relevant stakeholders when it comes to the Bill are the Muslim women, not the Muslim Boards in the country.
The Minister said the Bill that advocates three years jail for a husband who goes for Triple Talaq was needed to provide gender justice and equality.
Citing the Supreme Court’s 2017 verdict striking down the illegal practice and asking Parliament to bring a law over the issue, Prasad said that women were being divorced by ‘talaq-e-biddat’ which is against gender justice.
He said the apex court had noted that 20 Islamic countries including Pakistan, Afghanistan, Malaysia, Indonesia, Jordan, Egypt and Tunisia had outlawed triple talaq. “And if they could do it, why cannot it be done in India which is a secular country?” he asked.
“The Supreme Court has said that triple talaq is arbitrary and unconstitutional and asked Parliament to make a law. When we come up with a law, it is opposed. What should our Muslim women do in this situation? Should our Muslim sisters be left (in this situation)?”
He said the Indian Constitution’s core philosophy was gender justice. “The Indian Constitution is equal for all daughters. So the Bill is needed.”
The Minister said that three ordinances had so been promulgated as a similar Bill moved by the previous Modi government could not get parliamentary approval.
A fresh Bill was introduced by the new government in June. Under the Bill, divorcing through instant triple talaq would be illegal, void and attract a jail term of three years for the husband.
Prasad rejected fears that the proposed law could be misused and asserted that certain safeguards had been put in it including provision for bail before trial.
While the Bill makes triple talaq a non-bailable offence, an accused can approach a Magistrate before trial to seek bail. A provision has been added to allow the Magistrate to grant bail “after hearing the wife”, the Minister said.
BJP ally Janata Dal-United, however, opposed the Bill, saying there was a need to create public awareness on the issue with the help of Muslim community leaders, and then walked out of the house.
Participating in the discussion, JD-U member Rajiv Ranjan Singh said his party believed the Bill would cause harm to the society.
