Triple Talaq bill to face Rajya Sabha hurdle today; United Opposition to thwart government's bid

The Muslim Women (Protection of Rights on Marriage) Bill also known as the Triple Talaq Bill, which criminalises instant divorce by Muslim men is scheduled to be tabled in Rajya Sabha by Union Law Minister Ravi Shankar Prasad.

The government had listed the bill to be table on Monday but the Rajya Sabha did not take not take it up amid opposition's reservations over the proposed legislation and its insistence on sending the bill to a select committee.

The Upper House was adjourned for the day following heated exchanges between the Opposition and the treachery benches.

ALSO READ | Triple Talaq bill: Rajya Sabha adjourned till Jan 2, Opposition demands review committee to oversee proceedings 

The Bill, which was passed in the Lok Sabha on December 28 is most likely to face resistance in the Rajya Sabha where the ruling dispensation does not enjoy a majority and with AIADMK MPs also signalling their opposition.

OPPOSITION UNITED TO STALL THE BILL, DEMANDS SELECT COMMITTEE TO REVIEW PROCEEDINGS

A united Opposition on Monday thwarted the government's attempts to pass the Triple Talaq bill in the  Rajya Sabha demanding that it be sent to a Select Commitee.

During the proceedings, Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said that bill required further scrutiny and claimed that more than half of the members belonging to several parties have demanded that it be sent to a select committee.

“This is such an important bill which can positively or negatively affect the lives of crores of people can’t be passed just like this without going to a select committee,” he said. He also accused the NDA government of breaking the tradition of sending bills to select committees for scrutiny before they become law.

Senior TMC leader Derek O’Brien also echoed Azad’s demand. “All Opposition parties unanimously have decided that this bill must be sent to the select committee,” he said.

Accusing the Congress of creating hurdles in the passage of crucial legislation, Minister of State for Parliamentary Affairs Vijay Goel said the government was ready for a discussion on the issue. He said the Congress had already supported the bill in the Lok Sabha earlier. “The Congress and other parties are only playing politics on this issue which is very important for ensuring the rights of married Muslim women,” he said.

Deputy leader of the Congress in the Rajya Sabha Anand Sharma sought to turn the tables on the government, saying it was the BJP that was doing politics over the bill and demanded legislative scrutiny.

“The government is misleading the people. If the bill has been passed without legislative scrutiny in the Lok Sabha then it should not be passed here without referring to select committee. Rajya Sabha is not a rubber stamp,” he said.

Earlier on Monday, Ghulam Nabi Azad had moved a motion in the House for referring the “triple talaq” bill to a select committee. Azad also proposed the names of 11 Opposition members to be part of the Select Committee of the House. Anand Sharma of the Congress, Ram Gopal Yadav of the Samajwadi Party, Sanjay Singh of the Aam Aadmi Party, Manoj Kumar Jha of the Rashtriya Janata Dal are among those whose names have been proposed by the Leader of Opposition.

The Opposition members have also given notices for amendments in the bill.

TRIPLE TALAQ BILL BARBARIC, SAYS AIMPLB WOMEN WING

Calling the triple talaq bill 'inhuman, anti-women and barbaric', women's wing of the All India Muslim Personal Law Board (AIMPLB) on Tuesday appealed to Rajya Sabha members to press for referring it to a select committee for scrutiny.

Asma Zohra, the chief organiser of the women's wing of AIMPLB, told reporters here that if passed, the triple talaq legislation will damage the family and social fabric of the community.

The bill, passed in the Lok Sabha last week, could not be taken up in Rajya Sabha on Monday as opposition insisted that it be referred to a select committee. It is likely to be taken up on Wednesday again.

"There was no need for this bill after Supreme Court judgment invalidating triple talaq. It is brought with political and communal motives to divide the society," she said.

She claimed that Muslims across India oppose and condemn the bill brought in the Rajya Sabha for a second time.

The women's wing of AIMPLB believes that if passed the legislation will break marriages rather than empowering women. It termed the bill a direct blow to family system and the institution of marriage.

She said the AIMPLB has time and again stated that triple talaq in one sitting is not the standard procedure of divorce and those practicing this shall face social boycott.

"Muslim women will not get anything from this bill. Instead, they will be left abandoned and deserted. Her condition will become more miserable," it said.

"It is ironic that there is freedom in this country for men and women to have premarital, extramarital and even multiple relationships. Decriminalisation of Section 377 is being cited as an example of freedom in personal and civil matters, then why a Muslim husband is penalised for divorce," asked Asma Zohra.

TRIPLE TALAQ: A BRIEF HISTORY

The case dates back to 2016 when the Supreme Court had sought assistance from the then Attorney General Mukul Rohatgi on pleas challenging the constitutional validity of “triple talaq”, “nikah halala” and “polygamy”, to assess whether Muslim women face gender discrimination in cases of divorce.

Opposing the practice of triple talaq, the Centre told the top court that there is a need to re-look at these practices on grounds of gender equality and secularism. The Supreme Court later announced the setting up of a five-judge constitutional bench to hear and deliberate on the challenges against the practice of ‘triple talaq, nikah halala’ and polygamy.

The issue gained political momentum on March 2017 when the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court that the issue of triple talaq falls outside the judiciary’s realm and that these issues should not be touched by the court.

The Supreme Court on August 22, 2018, set aside the  decade-old practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution. The bench comprising of five judges, headed by Chief Justice JS Khehar, had reserved its verdict on 18 May, six days after the hearing began on 11 May. The court’s ruling was restricted to the constitutional validity of triple talaq and did not include issues like polygamy and nikah halala under the Muslim personal law.

In September, the Narendra Modi government had proposed the Muslim Women (Protection of Rights on Marriage) Bill in the Parliament and sought to make triple talaq a punishable offence under the law.

TRIPLE TALAQ: WHAT DOES THE LATEST AMENDMENTS SAY?

The bill seeks  to make triple talaq a criminal offence, with a jail term of up to three years for the husband. The government has also introduced three new amendments to ensure the law is not misused. Under the law, only an aggrieved woman or a close relative can file a police complaint against her husband. Also, she can drop the case if a couple reaches a compromise. Besides these, the magistrate can release the husband on bail after hearing the wife.

Under the Bill, the women will be entitled to financial assistance from the husband.