Triple talaq bill: The earlier bill proposed by the NDA had lapsed as it was pending in the Upper House; the new bill will replace the ordinance introduced during the previous tenure of the Modi government
The Modi government presented a fresh bill on triple talaq in Lok Sabha on Friday. The Muslim Women (Protection of Rights on Marriage) Bill, 2019, will replace an ordinance issued by the previous Modi government in February. The earlier bill proposed by the NDA had lapsed as it was pending in the Upper House. The fresh triple talaq bill proposes to make instant divorce (triple talaq) a penal offence.
Here are 10 major developments you need to know about the new triple talaq bill:
The Muslim Women (Protection of Rights on Marriage) Bill, 2019, is drawn by a group led by Union minister Rajnath Singh. It was presented in the Lok Sabha by Union minister Ravi Shankar Prasad on Friday.
The bill proposes a provision, under which a woman can approach a magistrate for “subsistence allowance” not only for herself but also for her minor child. On the issue of custody of the child, the magistrate has the right to take a call.
On triple talaq, the BJP-led government has sided with the petitioners, saying it is “unconstitutional, discriminatory, and derogatory”.
The bill providing three-year jail for Muslims taking divorce by saying ‘talaq’ thrice was passed by the Lok Sabha in December 2018.
The government had promulgated an ordinance on triple talaq twice before — September 2018 and February 2019. The bill was passed in the Lok Sabha but remained pending in the Rajya Sabha.
If a bill is presented in the Rajya Sabha and is pending there, it does not lapse with the dissolution of the Lok Sabha. However, if it’s passed by the Lok Sabha and is pending in the Rajya Sabha, it lapses with the dissolution of the Lok Sabha.
A major objection over the law was ‘three-year jail’ term proposal, which the Opposition claimed would create fear among the Muslims. Later, the government introduced a provision of ‘bail’ during the trial.
As per the ordinance, the offence of triple talaq is non-bailable, but a provision was added in the bill that allowed bail by a magistrate “after hearing wife”.
Earlier, the five-judge Supreme Court bench — justices from all different religions — had concurred that triple talaq violated “constitutional morality”, and talents of holy book Quran.
Though Muslims across India are plasticising triple talaq for ages, many countries, including neighbouring Pakistan, has banned it.