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Lok Sabha passes Bill that criminalises triple talaq

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was passed by a voice vote after rejecting a resolution moved by Revolutionary Socialist Party member N.K. Premachandran that the legislation is circulated for public opinion. 

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Triple talaq
Activists of various social organisations hold placards during a protest against "Triple Talaq" in New Delhi, India, Wednesday, May 10, 2017. (VOA)

New Delhi, Dec 28: The Lok Sabha on Thursday passed a bill that criminalises instant divorce with three years of imprisonment for Muslim husbands after the government rejected an overwhelming demand from the Opposition to refer the legislation to a Parliamentary standing committee for detailed consideration.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was passed by a voice vote after rejecting a resolution moved by Revolutionary Socialist Party member N.K. Premachandran that the legislation is circulated for public opinion.

Various amendments moved by opposition members, including Asaduddin Owaisi (AIMIM) and Premachandran, were negatived in divisions.

Lok Sabha cleared the Triple Talaq bill
Lok Sabha cleared the Triple Talaq bill

The government’s determination to get the Bill passed could be gauged from the fact that it was introduced in the morning and taken up for consideration in the afternoon by suspending relevant rules and then passed in the evening by sitting late beyond the scheduled close of the House.

Law and Justice Minister Ravi Shankar Prasad, who introduced the bill and later piloted it in the Lok Sabha, said history was being created today.

He said the issue was not of religion or faith but of “gender justice and gender equality” and appealed to all the parties to rise above political considerations and politics of vote bank. “Women are seeing that justice will be done to them. Let us speak in one voice that we are for gender justice and gender equity and pass the Bill unanimously,” Prasad said, winding up the discussion.

He said instances of instant triple talaq continue despite the Supreme Court ruling it as unconstitutional in August this year. The bill seeks to declare pronouncement of talaq-e-biddat (three pronouncements of talaq at one go) by Muslim husbands void and illegal in view of the Supreme Court verdict.

Prasad said while Justice Rohington Nariman and U.U. Lalit held in their judgment in August that instant divorce was unconstitutional and the government should look at bringing a law, Justice Kurian Joseph had observed that what is a sin in Islamic laws cannot be legal.

During the debate, BJP MP Meenakshi Lekhi accused the Congress of appeasing Muslims
During the debate, BJP MP Meenakshi Lekhi accused the Congress of appeasing Muslims

The Minister saw no justification in the demand for referring the Bill to a standing committee saying the affected Muslim women were crying for justice and were fully backing it. He said there was a contradiction in members wanting it to be referred to a standing committee and some arguing why it was not brought earlier.

The Bill makes the act of pronouncing talaq-e-biddat punishable offence. There is provision for subsistence allowance from the husband for the livelihood and daily supporting needs of the wife as also of the dependent children. The wife would also be entitled to the custody of minor children.

Intervening in the debate, Minister of State for External Affairs M.J. Akbar said time was now ripe for the passage of the legislation in the interest of Muslim women. He recalled an instance of a British journalist interviewing the late Prime Minister Jawaharlal Nehru after the passage of the Hindu code Bill when she asked when would the government introduce reforms in Muslim laws.

Nehru was not opposed to reforms of Muslim personal laws but merely said the time was not opportune then, Akbar said. “That time has come now.”

Though Opposition members, including from the Congress, supported the legislation, they wanted it to be referred to a parliamentary committee so that several lacunae can be removed and the provisions strengthened in favour of Muslim women. The law must ensure that subsistence allowance and maintenance to the women and the children were not stopped, they felt.

Some felt that the BJP government was in a haste to pass the Bill, not because of its concern for Muslim women but because it sees this as a first step towards bringing in a uniform civil code. They wanted the measure to be given up immediately.

During the debate, BJP MP Meenakshi Lekhi accused the Congress of appeasing Muslims and said there is a need for codification of Muslim personal laws in the country.

“They (Congress) always did appeasement politics for which the country has paid for 30 years and today we have this chance. If we lose this chance today we will not have another chance.,” she said.

“Codification of Islamic law is needed in this country. No one knows what is Sharia, Talaq-e-Biddat… No one knows the difference,” she added.

Next Story

Congress To Use Tribal Card to Regain Power in the Country

Congress to use tribal card to improve countrywide position

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Congress Chhattisgarh
Congress will be using the tribal card to regain dominance and their plan of action will begin from Chhattisgarh. Wikimedia Commons

BY SANDEEP PAURANIK

In order to regain dominance in the country, the Congress is mulling using the tribal card. This plan of action is to be first implemented in Chhattisgarh.

Riding on the success of the Assembly and urban body elections, the Congress feels that it can increase it base through tribals as they constitute 8 per cent of the total population.

The Bharatiya Janata Party (BJP) in the first three Assembly elections in the state, after its formation in 2000, recorded huge victories and came to power. But after the Assembly elections held last year, the scenario changed. After registering a victory in the Assembly elections and then in the urban body polls, the Congress showed that it still dominates the tribal areas.

Rahul Gandhi Congress
Former President of Congress Rahul Gandhi gave an important message while innaugrating the National Tribal Dance Festival in Raipur. Wikimedia Commons

The Congress gave the responsibility of the tribal areas to the tribal leader of Madhya Pradesh Umang Singhar which eventually helped the party. Now, the party is planning to spread out nationwide through Chhattisgarh.

Former party president Rahul Gandhi, while inaugurating the National Tribal Dance Festival in Raipur, gave a message to the tribals who are here to participate in the festival that the Chhattisgarh government is working for all the sections and this is the reason why there has been a downward trend in naxal attacks and the state economy has also improved.

The Congress is planning to publicise the improvements in Chhattisgarh throughout the country because the tribal population in the state is 32 per cent.

BJP media panellist Sandeep Sharma, however, claims that the party’s base has not shrunk. He said till Madhya Pradesh and Chhattisgarh were not divided, the Congress was strong in the area but in the elections held after three years of the bifurcation, the BJP won the Assembly elections and was in power for 15 years. Though we faced defeat in the 2018 elections, the only reason was that people wanted a change but they were not angry with the BJP, he claimed.

The BJP won in the Lok Sabha elections and the margin in the urban body elections was also not much. So, it would be inappropriate to say that the BJP’s base has shrunk, he said adding that in one year the Congress’ base has declined by 9 per cent whereas in Assembly elections it got 12 per cent more votes and in urban body elections the margin was 3 per cent.

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The Congress is planning to publicise the improvements in Chhattisgarh throughout the country. Wikimedia Commons

Analysing the political landscape of the state, political analyst Rudra Awasthi said, “When it was Madhya Pradesh then the Congress had stronghold in Chhattisgarh. Several big leaders were also from the state but after the formation of Chhattisgarh since Ajit Jogi was accused of being a fake tribal the Congress lost its stronghold over the tribals. Though it continued to dominate in some of the areas which helped it in regaining the power.

“As of now, the Congress has started including the tribals with the backward class. First Bhupesh Baghel was the state chief of the party and he was replaced by Mohan Markam as he became the Chief Minister. During the Assembly elections, the Congress talked about the identity of the tribals which helped the party. After winning the elections, the decisions of the Congress government were in favour of the tribals which helped the party in the urban body elections,” said Awasthi.

Also Read- Unity in Diversity is the Strength of the Country: Rahul Gandhi

The Congress is mulling over spreading its message to the tribals across the country through the three-day festival going on here. For this several senior leaders of the party will attend the festival and share the government’s schemes while giving the message that the Congress government in the state has brought a positive and a significant change in the lives of the tribals. (IANS)