RS-TRIPLE TALAQ

A Bill to criminalise Muslim

instant divorce practice of "triple talaq" remained stuck in

Rajya Sabha in face of a combined opposition insisting that it

be scrutinised by a select committee of the House.

The Muslim Women (Protection of Rights on Marriage) Bill,

2018, which was passed by Lok Sabha on December 27 last year,

had come up for discussion just once in the subsequent seven

sittings of the House but couldn't pass through the opposition

muster.

Rajya Sabha did not discuss the bill before being

adjourned sine die after the winter session was extended by a

day.

This was to allow passage of a bill to provide 10 per cent

reservation to the poor in the general category in government

jobs and educational institutions.

The government had brought the bill before the Rajya

Sabha on December 31 when it faced a united opposition demand

for the legislation being sent to a select committee.

That day the proceedings of the House was adjourned for

the day amid din over the issue.

It was listed on the agenda of each of the subsequent

sittings of the House but was never taken up for

consideration.

The ruling BJP-led NDA does not have a majority in the

Rajya Sabha and if the bill had been taken up, a resolution of

the opposition parties for sending it to select committee

would also have to be taken up.

The opposition resolution could potentially have gone

through as AIADMK, TMC, NCP, and BJD supported the demand made

by Congress and TMC for the bill being scrutinised by the

select committee.

NDA commands a majority in Lok Sabha.

The government has the option of bringing the bill for

consideration in the Budget session that is likely to commence

on January 31.

In case the bill is not taken up, it has an option to

re-promulgate the ordinance.

As per rule, the government has to get Parliament's

approval for an ordinance within six months for it to become a

law.

Law Minister Ravi Shankar Prasad had previously stated

that nearly 22 countries, including neighboring Pakistan and

Bangladesh, have banned the practice.

Congress says it is opposed to the three-year prison

sentence for offenders and wants a parliamentary committee to

discuss the issue to reach a consensus.

The Supreme Court had last year ruled as unconstitutional

the divorce procedure known as "triple talaq," in which a

Muslim man can instantly leave his wife by simply uttering the

Arabic word "talaq" - which means divorce - three times.

Thereafter, the government in September 2018 promulgated

an ordinance declaring "triple talaq" as illegal and void,

that can be punishable with a jail term of three years for the

husband.

Most of the 18 crores Muslims in India are Sunnis

governed by the Muslim Personal Law for family matters and

disputes.

These laws include the practice of "triple talaq" whereby

men can divorce by simply saying "talaq' three times -- and

not necessarily consecutively, but at any time, and by any

medium, including telephone, text message or social media

post.