The Lok Sabha on Thursday passed the contentious bill to criminalize triple talaq amidst a walk out by Opposition members who accused the government of singling out a community while the Law Minister Ravi Shankar Prasad accused the Congress of dragging its feet on the legislation that w it was for dignity and respect of women.
The Bill, which was passed with 302 votes in favour and 82 against in a division, will now be tabled in Rajya Sabha, where the opposition is numerically higher than the ruling side.
Members of Congress, Trinamool Congress, and several other parties staged a walkout over the bill. BJP ally Janata Dal (United) also opposed the Triple Talaq Bill and walked out of the Lok Sabha saying it will create distrust among a particular community.
The Opposition members attacked the government saying it was singling out the Muslim men while diverse happened in other communities and there was no penal law for that against men of those communities.
“We do not support this bill as our party believes that if this bill is passed, it will create distrust among a particular community.” party member Rajiv Ranjan Singh said during the debate on the Triple Talaq Bill. “Nobody wants to see a husband and wife getting separated but if such a situation occurs, a couple takes the decision after due consent and trust. You cannot take decisions on their behalf by imposing such a law.” Singh added.
The Muslim Women (Protection of Rights on Marriage) Bill, 2019, seeks to criminalize the act of instant divorce among Muslims with a three-year jail sentence for men who practice triple talaq, which has been made illegal by the Supreme Court.
Replying to a spirited day-long debate, Prasad the triple talaq legislation will act as a deterrent and the government had provided enough safeguards.
He said Congress governments had included penal provisions in Hindu Marriage Act and Dowry Prohibition Act and asked why the party dragged its feet in the Shah Bano case in 1986.
“It is being said in the House that triple talaq is bad but… Why this but. Why Congress’ feet are not stable,” he asked.
Referring to points made by some opposition members that there was no need of a law as Supreme Court had held triple talaq unconstitutional, he asked if the victims of triple talaq will get justice by merely ‘hanging’ the verdict of Supreme Court.
“There is a need of power of law to register an FIR. I am law minister of Narendra Modi government and not of Rajiv Gandhi government. If it had happened in 1986, the issue would not have been left to us,” he said.
Prasad said the Congress-led government had not taken a stance on a plea in court by a triple talaq victim but when the issue was taken to Prime Minister Narendra Modi, “he told us to stand with the victims”. “We did that,” he said.
Prasad said over 20 Islamic countries have laws against triple talaq and why should a secular country like India not have it.
Referring to remarks of JD-U member, Prasad said that All India Muslim Personal Law Board had urged the Supreme Court in an affidavit not to interfere and had said it would preach in Muslim community against triple talaq. “Did they do anything,” he asked.
He said Prophet Muhammad had also held triple talaq as wrong.
Prasad said that triple talaq cases have continued even after the court verdict.
Referring to the safeguards, he said only a woman or her relative can file a complaint and there was a provision of bail and possibility of compromise.
Responding to members who had raised questions about the need of penal provisions, he said there were similar provisions in laws relating to other religions and a man can be jailed for second marriage under the Hindu Marriage Act.
“Penal law is also a deterrent. Deterrence was brought in Hindu society and it impacted cases of dowry and bigamy,” he said.
Referring to demand for law against mob lynching, he said people are being punished under existing laws.
Prasad said the bill had been hailed by Muslim women.
“It is not about religion, vote, it is about justice, humanity, respect of women,” he said.
Prasad said Modi government works without discrimination in spirit of `sabka saath, sabka vikas’ and recalled Modi telephoning a tea garden worker Karimul Haque in West Bengal to tell him that he was being awarded Padma Shri for his social work.
He also recalled touching feet of wife of Param Vir Chakra winner Abdul Hamid.
Prasad said stakeholders were Muslim women and not AIMPLB and the government was addressing their concerns. “There is a time when voice of pain should be heard,” he said.
The bill was passed by the Lok Sabha in December last year but lapsed in the Rajya Sabha after the dissolution of the Lower House. The current bill seeks to replace an ordinance promulgated last February.
Congress MP from Kishanganj, Mohammad Jawed opposed the Bill and said that the government should bring “laws for separated women of all communities” and not just Muslims.
“The Bill which has been tabled is another way to jail Muslims… I oppose this Bill and request the minister to send this Bill to the standing committee for review and make laws for separated women of all communities, not just Muslims,” he said.
AIMIM’s Asaduddin Owaisi said that the Supreme Court has decriminalised homosexuality and adultery, but the government was criminalising triple talaq.
N K Premachandran termed the bill “politically motivated” to target a particular community and e asked why the government has not come with legislation against mob lynching.
IUML’s P.K. Kunhalikutty accused the government of pursuing a “political agenda”.
BJP members Meenakshi Lekhi and Poonam Mahajan and union minister Mukhtar Abbas Naqvi also participated in the debate. (ANI)
