The Islamic practice of instant divorce (Triple Talaq), NOW A CRIME IN INDIA
Patriarchy masquerading as religion, shattered.
Triple Talaq, a practice that involves a Muslim man saying ‘talaq’ (divorce) three times instantly in order to divorce his wife. The new bill makes that a crime, punishable by up to three years in jail, if it is said in any form including via ‘social media and text messages’. This bill has made the offence cognizable only if the effected wife or the one related to her blood and marriage, files a police complaint. a person who has been accused for doing the same may get bail, after the magistrate grants a hearing to the wife. This Bill makes the offence compoundable that means that the parties may arrive at a compromise.
Modi government’s pursuit to scrap the practice of Triple Talaq pays off as it will redress for the women in the form of allowance besides getting the husband arrested. The Lok Sabha had passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019 last week. The Triple Talaq bill was passed by the Parliament on Tuesday, July 30th 2019. BJP calls it victory of gender justice, Congress says it is a historic mistake.
While Naveen Patnaik’s Biju Janata Dal supported the bill, the AIADMK and Nitish Kumar’s Janata Dal United walked out. K Chandrashekar Rao’s Telangana Rashtra Samithi will abstain, bringing down the majority mark. Several lawmakers from the Congress, Samajwadi Party and Sharad Pawar’s Party are giving the vote a miss. Last week, despite lacking numbers, the government managed to push the contentious amendment to the landmark Right To Information Act through the upper house with the help of most of these parties.
Strongly objecting the contentious bill to make the practice of instant triple talaq illegal, National Democratic Alliance (NDA) ally Janata Dal (United) said it will create a lack of trust in society and staged a walk out of the House. Absentee MP’s who changed the numbers game #TripleTalaqBill
- Bahujan Samaj Party- 4
- Samajwadi Party-7
- National Congress Party-2
- People Democratic Party-2
- Congress-5
- The All India Trinamool Congress-1
- Left parties-1
- Rashtriya Janata Dal-1
- Dravida Munnetra Kazhagam-1
- Yuvajana Sramika Rythu Congress Party-1
Walked out ahead of voting:
Telangana Rashtra Samithi (6), Janata Dal (United) (6), All India Anna Dravida Munnetra Kazhagam (11)
The list of absentees included Sharad Pawar and Praful Patel of the NCP, five lawmakers from the Congress, six from the Samajwadi Party, four from Mayawati’s Bahujan Samaj Party, two from Trinamool Congress, and one each from Lalu Yadav’s Rashtruya Janata Dal and MK Stalin’s DMK.
The bill was passed, with 99 votes in its favor and 84 against. Law minister Ravi Shankar Prasad, who tabled the bill, said, “Today is a historic day. Both the Houses have given justice to the Muslim women. This is the beginning of a transforming India”.
BJP managed to get individual members in the opposition parties to abstain and not vote against. Pawar, K.T.S. Tulsi and many others from non treasury benches not in House.
The Congress said there was no need to criminalize the practice which had already been struck down by the Supreme Court and senior party leader Raj Babbar termed the bill’s passage as a “historic mistake”.
“We had fundamentally supported this bill. We also wanted amendment for the provision of support to Muslim women. Our opposition was on two-three issues. The Supreme Court had struck down triple talaq, you had also struck down down triple talaq through law, then what is the need to criminalize an imaginary thing,” asked senior Congress leader Abhishek Manu Singhvi. “Triple talaq does not have any legal standpoint, then what was the need to criminalize it? Even if the woman does not want it, her relative can get the husband arrested. Bail will be very difficult… What is the relevance for this,” was his statement to the reporters outside Parliament.
Raj Babbar described the passage of the bill as a “big jolt” to family laws in India. “A civil law has been changed into criminal law. This is a historic mistake,” he stated.
Muslim women in India took their spirited fight against inequality and for justice to its logical end upholding their right to decent living, equality & non-discrimination!
From Shah Bano to Shahryar Bano India has come a long way for women rights. It is not merely a legal journey but a giant leap for women-kind ..
In 2015, Shayara Bano approached the Supreme Court. The court sided with her. The BJP supported the judgment.
The Passage of The Muslim Women (Protection of Rights on Marriage) Bill, 2019 is a glorious day for constitution, democracy and parliamentary history of the country. A huge victory for all my Muslim sisters who suffered under this archaic law. It is indeed A Big win for the Modi Govt for relentlessly pursuing it.
There is a lot of noise from the opposition parties for the bill to be sent to a select committee for further deliberation and scrutiny. They were against the provision for a three-year jail term for erring husbands and claimed that the proposed law will be misused to victimize Muslim citizens. The government maintained that the Triple Talaq bill was a step towards ensuring gender equality and justice and that the opposition parties are doing nothing but politicizing the issue.
Heres what the leaders tweeted on the bill being passed:
An archaic and medieval practice has finally been confined to the dustbin of history!
— Narendra Modi (@narendramodi) July 30, 2019
Parliament abolishes Triple Talaq and corrects a historical wrong done to Muslim women. This is a victory of gender justice and will further equality in society.
India rejoices today!
This is an occasion to salute the remarkable courage of those Muslim women who have suffered great wrongs just due to the practice of Triple Talaq.
— Narendra Modi (@narendramodi) July 30, 2019
The abolition of Triple Talaq will contribute to women empowerment and give women the dignity they deserve in our society.
I thank all parties and MPs who have supported the passage of The Muslim Women (Protection of Rights on Marriage) Bill, 2019 in both Houses of Parliament. They have risen to the occasion and this step of theirs will forever be remembered in India’s history.
— Narendra Modi (@narendramodi) July 30, 2019
Today is a great day for India’s democracy.
— Amit Shah (@AmitShah) July 30, 2019
I congratulate PM @narendramodi ji for fulfilling his commitment and ensuring a law to ban Triple Talaq, which will free Muslim women from the curse of this regressive practice.
I thank all parties who supported this historic bill.
Some people are asking as to why we brought a Bill to regulate marriage provision of only a particular community. The answer is very simple- #TripleTalaq is practiced only in a particular community and not anywhere else. pic.twitter.com/bOMEer5V2m
— Ravi Shankar Prasad (@rsprasad) August 1, 2019
The passage of the bill criminalising Triple Talaq in Muslim Personal Law is monumental change in Personal Law. Disheartened that the ‘So Called Liberals’ have opposed a progressive law. Congratulations to all, particularly Muslim women.
— Arun Jaitley (@arunjaitley) July 30, 2019
Passage of “The Muslim Women (Protection of Rights on Marriage) Bill, 2019” is a glorious day for constitution, democracy and parliamentary history of the country. #TripleTalaqBill #ModiHaitoMumkinHai
— Mukhtar Abbas Naqvi (@naqvimukhtar) July 30, 2019
Indeed a victory for millions of Muslim women. Grateful thanks @narendramodi ji for leading this social revolution from the front. A true testimony to ‘Sabka Saath, Sabka Vikas, Sabka Vishwas’ ? https://t.co/85FVGqLb5A
— Smriti Z Irani (@smritiirani) July 30, 2019
Historic Day for Nation.#TripleTalaq Bill is a Giant step that will truly ensure gender equality & empowerment of women.
— Vijay Rupani (@vijayrupanibjp) July 30, 2019
Congratulations to Honourable Prime Minister Shri @narendramodi Ji & all the Members of Parliament.
I congratulate the Prime Minister and all members of parliament who helped in the passage of the revolutionary Bill on triple Talaq.
— Sushma Swaraj (@SushmaSwaraj) July 30, 2019
Also against the bill Asaduddin Owaisi tweeted:
#TripleTalaqBill should be seen only as one part of many attacks on Muslim identity & citizenship since 2014. Mob violence, police atrocities & mass incarceration won't bog us down
— Asaduddin Owaisi (@asadowaisi) July 30, 2019
With a firm belief in the Constitution, we've withstood oppression, injustices & denial of rights