New Delhi: The Lok Sabha on Thursday passed the contentious bill making instant triple talaq illegal with up to three years in jail for the husband, a development hailed by the government as “historic”.
The bill was passed after the House rejected a string of amendments moved by various opposition members.
MPs from the RJD, AIMIM, BJD, AIADMK and All India Muslim League opposed the bill, calling it arbitrary in nature and a faulty proposal.
The Muslim Women (Protection of Rights on Marriage) Bill would only be applicable on instant triple talaq or ‘talaq-e- biddat’. It gives power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children. A victim can also seek the custody of her minor children from the magistrate.
Under the law, instant triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be illegal and void.
The bill will now be sent to the Rajya Sabha for passage before it is forwarded to the President for signing it into law.
The bill is likely to sail through the Rajya Sabha, where the government lacks majority, given the Congress’s stated support to the legislation.
The Lok Sabha, on December 28, passed the Muslim Women (Protection of Rights on Marriage) Bill by voice vote. The Bill makes instant triple talaq illegal with a provision of a jail term of three years for the husband.
Earlier, amid protest by several Opposition members, Union Law Minister Ravi Shankar Prasad on Thursday introduced the Bill.
Rejecting the protest by Opposition benches and the criticism of its provisions, Prasad said it was a “historic day”, as he also asked if opposing members are with “hapless Muslim daughters and sisters”.
Claiming that the proposed law, the Muslim Women (Protection of Rights on Marriage) Bill, is “not about any religion or community”, the law minister insisted that the practice of instant triple talaq has continued despite the Supreme Court order terming it void.
“Even today such an incident took place in Rampur, Uttar Pradesh,” he informed, adding that the law is about justice and respect for women.
Countering the arguments put forward by dissenting members belonging to RJD, AIMIM, BJD and All India Muslim League, Prasad said, Parliament has to decide whether the victims of triple talaq have fundamental rights or not.
According to the proposed law which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. It would be a non-bailable offence.
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