Lok Sabha passes bill that criminalises triple talaq, to be tabled in RS next
New Delhi: The Lok Sabha on Thursday passed the instant triple talaq bill that criminalises the practice of instant divorce among the Muslim community, with up to three years in jail for the husband.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, 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.
Two amendments moved by All India Majlis-e-Ittehadul Muslimeen (AIMIM) Asaduddin Owaisi and one by BJD's Bhartruhari Mahtab were negated in the Lok Sabha. Congress leader Sushmita Dev and CPIM's A Sampath were also negated in the Lower House.
The 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 move comes months after the Supreme Court set aside by a majority verdict the practice of triple talaq, saying the practice was void, illegal and unconstitutional. The apex court held that triple talaq is against the basic tenets of the Quran.
As the Lok Sabha passed the bill, Muslim women hailed it as victory. “They have fought for this for long. This will act as deterrence,” Noorjahan, a victim of triple talaq.
Earlier on Thursday, Union Law Minister Ravi Shankar Prasad introduced the Muslim Women (Protection of Rights on Marriage) Bill, calling it a "historic day" amid opposition by members of different parties, including RJD, AIMIM, BJD and All India Muslim League.
Prasad exhorted the Lok Sabha to not link triple talaq bill with religion, politics or vote bank.
