Fresh triple talaq bill introduced in Lok Sabha today; Law Minister says it was must for gender equality, justice
Law Minister Ravi Shankar Prasad said the job of Parliament was to legislate and it was up to courts to interpret the law. With the dissolution of the 16th Lok Sabha last month, the previous bill had lapsed as it was pending in the Rajya Sabha.
The Muslim Women (Protection of Rights on Marriage) Bill 2019 became the first legislation to be tabled in the Lok Sabha by the government amid vehement protests by opposition members. Law Minister Ravi Shankar Prasad asserted that the legislation on triple talaq was a must for gender equality and justice. The bill was introduced following a division of votes, with 186 members supporting and 74 opposing it. Seeking to justify, the Law Minister said, "This is not a question of religion but about justice to women." The key points of the triple talaq bill are:
1. Law Minister Ravi Shankar Prasad there were 543 cases of triple talaq reported in the country. After the Supreme Court judgement banning triple talaq practise, Prasad said more than 200 cases were reported, and added, "This is a question of dignity of women and we are committed to (safeguard) it."
2. He said the job of Parliament was to legislate and it was up to courts to interpret the law. With the dissolution of the 16th Lok Sabha last month, the previous bill had lapsed as it was pending in the Rajya Sabha.
3. The Bill, which proposes to make the practice of instant triple talaq (talaq-e-biddat) a penal offence, had faced objections from opposition parties from the beginning which claimed that jail term for a man for divorcing his wife was legally untenable.
4. The new bill is a copy of the ordinance in force. Bills that are introduced in the Rajya Sabha and are pending as they do not lapse with the dissolution of the Lok Sabha. However, bills passed by the Lok Sabha and pending in the Rajya Sabha lapse with the dissolution of the lower house.
5. The government had promulgated the ordinance on triple talaq twice -- in September 2018 and in February 2019 -- as the contentious bill remained pending in the Rajya Sabha, though it was passed by the Lok Sabha.
6. As per the bill, divorcing through instant triple talaq is illegal, void and will attract a jail term of three years for the husband.
7. Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision for bail for the accused during trial. These amendments were cleared by the Cabinet on August 29, 2018.
8. While giving triple talaq is a "non-bailable" offence as per the bill, an accused can approach a magistrate even before trial to seek bail.
9. In a non-bailable offence, bail cannot be granted by police at the police station itself. A provision was added to allow the magistrate to grant bail "after hearing the wife".