Triple Talaq Bill
The biggest news of the day is that the Triple Talaq Bill has been passed by the both houses of Parliament (ie Lok Sabha & Rajya Sabha ). In the last Parliament (2014-19), although the bill was passed in Lok Sabha but did not get through in the Rajya Sabha as NDA govt did not have majority in that house. So during this Parliament (2019-24) the bill was again tabled first in Lok Sabha, where it got passed easily, as NDA govt has more than clear majority in the house. It was again tabled in the Rajya Sabha and although NDA govt does not have clear majority in this house but this time BJP’s floor management was quite good-because some of the opposition parties and some constituents of NDA, who were not if favour of this bill abstained during voting and some parties which are generally not aligned with NDA voted in favour of the bill. In the end bill was passed.
In a big victory for the Narendra Modi-led NDA government, the triple talaq bill was passed by the Parliament yesterday The Upper House passed the bill by 99 votes in favour and 84 against it.
Scrapping of the practice has been one of the main planks of the BJP, the main constituent of NDA, whose government at the Centre led by Prime Minister Narendra Modi, promulgated a number of Ordinances after failing to get the legislation through the Rajya Sabha where it lacked adequate numbers, during last Parliament.
The Centre secured Rajya Sabha’s clearance for the landmark bill helped by support from the BJD, walkout by BJP allies JD(U) and AIADMK and some abstentions to get Parliament’s approval for this legislation.
The passage of the Muslim Women (Protection of Rights on Marriage) Bill or generally known as Triple Talaq bill, was a major legislative success for the BJP-led NDA in the opposition-dominated Rajya Sabha where it lacks majority.
Under the Muslim Women (Protection of Rights on Marriage) Bill, divorcing through instant triple talaq will be illegal, void and could attract a jail term of three years for the husband. Under the proposed law, a Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and also for her dependent children.
A Muslim woman, against whom triple talaq is uttered, is entitled to seek custody of her minor children.
The BJP hailed the passage of the triple talaq bill by Parliament as a step that will help correct a historic wrong done to Muslim women, even as the Congress questioned the relevance of criminalising the practice.
The main objection from the Congress and many other opposition parties was the jail term for the husband who pronounces triple talaq. But in my opinion unless there is a punishment for the erring husband, no one will respect the law by itself. In our country, for each and every law generally there is a punishment attached to it either in form of cash penalty of jail term for the maximum specific period.
Passing of this law is big personal achievement for PM Narendra Modi, because he was the man who took the initiative for passing this law, and on the promise that he will bring this law, the Muslim women of UP overwhelmingly voted for BJP in last state election, and again the same UP Muslim women voted for BJP in last general election, when they observed that politician in Parliament are trying to stop this bill . So yesterday PM Narendra Modi issued statement, which is as follows
“This is an occasion to salute the remarkable courage of those Muslim women who have suffered great wrongs just due to the practice of Triple Talaq. The abolition of Triple Talaq will contribute to women empowerment and give women the dignity they deserve in our society
I thank all parties and MPs who have supported the passage of The Muslim Women (Protection of Rights on Marriage) Bill, 2019 in both Houses of Parliament. They have risen to the occasion and this step of theirs will forever be remembered in India’s history.
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.”
I fail to understand that why Indian Muslim clerics along with main opposition parties like Congress, TMC, SP etc were opposing the bill. The fact is triple talaq system is abolished in so many Islamic countries like Pakistan, Saudi Arabia, UAE etc, but when ever abolishing the same was talked about in our country there was such an hue and cry, and thanks to Congress party which always had a policy of appeasement of Muslim clerics. Remember Shah Bano case- when in 1985 Supreme Court gave the judgement that Muslim divorced women is entitled for maintenance and paved the way for abolishing triple talaq bill. But what the Congress Govt led by Rajiv Gandhi did-they passed another law known as Muslim Women (protection on Divorce act) 1986. This law overturned the Shah Bano case and said the maintenance period can only be made liable for Iddat period, and this period varies from case to case. It can be from 3 months to 12 months.
So nice beginning has been made Indian Parliament, and I hope this is the first step towards common civil law in the country.
Waiting for your comments/views/feed backs on this blog.
Anil Malik
Mumbai, India
31st July 2019
R. N. Mungale.
True. It is a nice beginning!