Union Law and Justice Minister Ravi Shankar Prasad addresses the media in New Delhi on Saturday. Photograph: Kamal Kishore/PTI Photo
Prasad introduced in the Lok Sabha The Muslim Women(Protection of Rights on Marriage) Bill, 2018, commonly known as the Triple Talaq Bill, despite opposition from the Congress and amid din over the Rafale controversy and several other issues.
Soon after the House met for the day and then reassembled atnoon after the first adjournment and during the post-lunch session, theCongress, the AIADMK and TDP members were on their feet.
The Congress members demanded a Joint ParliamentaryCommittee (JPC) probe into the Rafale jet fighter deal with a French company,accusing the government of misleading the Supreme Court with wrong information.
The AIADMK members wanted Karnataka to shelve its proposalto construct a dam across the Cauvery river at Mekadatu, while the TDP membersraised several issues related to their demand for a special status to AndhraPradesh.
Amid the din, Prasad sought permission from the Chair tointroduce the Bill.
Congress leader Shashi Tharoor opposed the Bill claiming itwas targeted at a particular religion and hence unconstitutional.
"The Bill conflates civil law with criminal law bycriminalising a wrong form of divorce and by criminalising an act which isalready legally null and void," he said.
He said the Bill was an attempt at creating a class-specificlegislation on the grounds of religion.
"Instead of focusing on the larger issue ofmistreatment and desertion of wives and dependents, which affects allcommunities, the Bill is couched in terms of a specific religion and thereforeis in violation of Article 14 and Article 15 of the Constitution," hesaid.
Tharoor said the Bill had no procedural safeguards toprevent its misuse.
"This Bill is a misconceived Bill. It should not be broughtto the House. I do not believe the Parliament has the competence to enact sucha Bill," he said requesting the Speaker to deny permission to introducethe Bill.
His objections were rejected by Prasad.
"The Bill was brought in as per directions of theSupreme Court to protect the rights of Muslim women. Several Muslim womensuffered due to instant talaq.
"This Bill is in the nation's interest andconstitutional. The objections raised are baseless," Prasad asserted whileintroducing the Bill.
The Bill says that any pronouncement of instant triple talaqby a Musim husband upon his wife, by words, either spoken or written or inelectronic form or in any other manner, shall be void and illegal.
If anybody pronounces talaq upon his wife, he shall bepunished with imprisonment for a term which may extend to three years and shallalso be liable for fine.
"As the Bill is pending for consideration in Rajyasabha and the practice of divorce by triple talaq is continuing, there is anurgent need to take immediate action to prevent such practice by makingstringent provisions in the law.
"Since both Houses of Parliament were not in sessionand circumstances existed rendering it necessary for the President of take immediateaction in the matter.
"The legislation would help in ensuring the largerconstitutional goals of gender justice and gender equality of married Muslimwomen and help subserve their fundamental rights of non-discrimination andempowerment," Prasad said in the statement of objects and reasons forbringing the Bill.
The government could not pass the Bill in Rajya Sabha duringthe previous monsoon session.
Later it issued an ordinance on September 19 making TripleTalaq a criminal offence.