The Lok Sabha on Wednesday passed the Muslim Women (Protection of Rights on Marriage) Bill, making instant triple talaq illegal with up to three years in jail for the husband. While tabling the bill, the Union Law Minister Ravi Shankar Prasad had said that this is a ‘historic moment’.
Today, we are creating history. To those who are objecting, I want to clarify this law is not about a prayer, faith or religion. This law is about justice for women and the dignity of women.Ravi Shankar Prasad, Union Law Minister
The bill was passed after the House rejected a string of amendments moved by various Opposition members. MPs from the RJD, the AIMIM, the BJD, the AIADMK and All India Muslim League opposed the bill, calling it arbitrary in nature and a faulty proposal.
AIMIM leader Asaduddin Owaisi had alleged that the bill violates fundamental rights and that the Parliament ‘lacks legislative competence’ to introduce this bill.
My primary objection to the introduction of this bill is two-fold. One, the Parliament lacks legislative competence since the bill violates the fundamental rights. Secondly, this bill lacks basic legal coherence and is inconsistent with existing legal framework. This bill, if passed, will be an injustice to Muslim women. It will lead to abandonment of Muslim women.Asaduddin Owaisi, AIMIM Leader
Responding to Owaisi’s allegations during the Lok Sabha proceedings, Ravishankar Prasad said:
People are alleging that the bill is against the basic structure. The women have the right not to be discriminated against under Article 14 and 15. Isn’t that a part of the basic structure? This bill is completely legal. This Parliament has the right to introduce this bill.
The Muslim Women (Protection of Rights on Marriage) 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' stated support to the legislation.
(With inputs from PTI and LSTV)
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