New Delhi, Decenber 27 (IANS): The Lok Sabha on Thursday passed the Muslim Women (Protection of Rights on Marriage) Bill, 2018 that makes instant triple talaq or talaq-e-biddat a criminal offence, with a jail term of up to three years with a fine.
The bill, which seeks to replace an ordinance promulgated in September prohibiting divorce by pronouncing "talaq" by the husband, was passed after over four-hour discussion that saw some heated exchanges between the opposition and treasury benches.
Before a vote on the bill, the Congress and the AIADMK staged a walkout over the government not accepting their demand to refer it to a joint select committee of the Parliament.
The bill makes instant triple talaq a cognizable offence, attracting up to three years' imprisonment with a fine. The offence will be cognizable if information relating to the offence is given by the married woman against whom talaq has been pronounced or any person related to her by blood or marriage.
The proposed law would be applicable to the entire country, except in Jammu and Kashmir.
The Lok Sabha on Thursday took up the Muslim Women (Protection of Rights on Marriage) Bill, 2018, for discussion and passage amid protests by the Opposition which demanded that the proposed legislation be sent to the select committee for detailed deliberations.
Moving the Bill for passage, Union Law Minister Ravi Shankar Prasad said the Bill was not against any community, religion or belief, rather it would ensure justice to women.
"Between January 2018 and December 10, around 477 cases of triple talaq has come to the fore. Even yesterday (Wednesday), such a case from Hyderabad came to our knowledge. That is why we brought an ordinance," he said.
Pointing out that 20 Islamic countries had banned triple talaq, the Minister asked why a secular nation like India could not have this?
"I request that this should not be looked through the prism of politics. This house made provisions for hanging the rapists. The same House passed bills against dowry and domestic violence to protect the rights of women. So, why can't we speak in one voice on this Bill," he said, urging the House to pass the Bill unanimously.
Earlier, the Opposition members protested against moving the Bill and demanded that it be referred to the select committee.
"It's an important Bill and needs a detailed study. It is also a constitutional matter. It is also related to a specific religion. I request this Bill must be referred to the select committee," Congress leader Mallikarjun Kharge said.
His demand was supported by TMC's Sudip Bandopadhyay, AIADMK's P. Veugopal, AIMIM's Asaddudin Owaisi, NCP's Supriya Sule, RSP's N.K. Premchandra and AAP's Bhagwant Mann. The demand was virtually rejected by the government.
"When the Bill was brought earlier in the House, the Congress members supported and voted in its favour. That time they did not demanded the Bill to be sent to select committee," Prasad said.
Parliamentary Affairs Minister Narendra Singh Tomar said that the Bill was very important. "Seeing the importance of the Bill, there must not be politics over it," he said.
The Bill was introduced amid din in the Lok Sabha on December 17 by Prasad.
It seeks to replace an ordinance issued earlier for protecting the rights of married Muslim women and prohibiting divorce by pronouncing "talaq" by their husbands.
The ordinance was promulgated in September, making the practice of instant triple talaq an offence under the Indian Penal Code (IPC).
Shiv Sena hails bill, reminds BJP of Ram temple
The Shiv Sena welcomed the triple talaq bill but also reminded the ruling Bharatiya Janata Party (BJP) of its core ideological issues asking the government to bring a law on the same lines for the construction of Ram temple at Ayodhya.
"This Bill has preventive measures and also penal provisions. We welcome it," Shiv Sena'a Arvind Sawant said, adding that the government should also remember its other promises made to the people of the country.
"Supreme Court can say that the construction of Ram temple is not an issue of priority but we can't remain silent. The country is waiting for the construction of Ram temple. Don't delay. Bring a legislation at the earliest. We are ready to welcome," he said. "Besides that, you abrogate Article 370 and enforce uniform civil code. We will support," he added.
Bill unconstitutional: AIADMK leader
AIADMK parliamentarian A. Anwhar Raajhaa opposed the bill, calling it "unconstitutional", against "natural justice" and one of the most "barbaric" laws to have ever been introduced against the Muslim community.
Speaking in the House, the leader from the party which is seen to be close to the ruling National Democratic Alliance (NDA), said he opposes the Bill in its present form and took exception to the provision of "severe punishment" -- up to three years -- to the husband. He insisted that it be sent to the parliamentary committee for discussion.
Calling the Bill an attack on "natural harmony", Raajhaa asked when Muslim men and women both have a right to terminate the contract of marriage, then how can only one party, that is the husband, be punished for the divorce.
He said that the Bill will "destroy the religious fabric" of the country and that Muslim women's lives will become "more miserable" if it is passed in the present form.
