Triple talaq bill back in LS; provision of imprisonment to remain

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Union Law and Justice Minister Ravi Shankar Prasad. RSTV/PTI Photo

New Delhi, July 25:A Bill to ban instant Triple Talaq was re-introduced in Lok Sabha on Thursday with three changes. However, the much-debated provision of an up to three-year jail term for Muslim men who continue to divorce their wives in this manner remained a part of the Bill. 

The Opposition has raised fresh objections asking for removal of the provision of jail term on the grounds that it criminalises divorce between Muslim couples.Union Law Minister Ravi Shankar Prasad introduced the Muslim Women (Protection of Rights on Marriage) Bill, 2019 saying three changes had been made in it as he asked the House to take the bill into consideration.

Prasad said under the new provisions, the complainant can only be the affected woman or her relatives. The earlier provision had kept this open ended which had caused fears of misuse. 

The new Bill will allow for a process of reconciliation between the estranged husband and wife. Lastly, there will be provision of bail for the husband which a magistrate will can grant after hearing the wife.

Prasad argued that more than 20 Islamic countries had banned triple talaq. He said 574 cases of triple talaq had been reported in the past 18 months or so in India. 

The bill had been earlier passed by the Lok Sabha but could not be passed in Rajya Sabha.   

NK Premachandran, an MP from Kollam in Kerala, opposed the bill saying: “Why are you providing for a 3-year imprisonment for the husband in case of divorce? There was no provision for imprisonment of husband in case of divorce for any other community”.

The Revolutionary Socialist Party MP said the Bill was contradictory as it had the provision that a husband has to provide maintenance to wife. However, if the husband is jailed how will he provide maintenance, asked Premachandran. He further charged the BJP led NDA government for ‘targeting’ Muslims through such provisions.

Speaking on the matter, BJP MP from New Delhi, Meenakshi Lekhi told the story of how the Hindu Code came into being in the Early 1950’s amid furious debates. She cited the troubles faced by Jawarhalal Nehru and Dr BR Ambedkar in bringing about laws to prevent polygamy, divorce and even succession for women. These laws provided for growth of the Hindu community, she argued.