Passing triple talaq Bill in Lok Sabha in a brazen manner puts Muslim women in jeopardy
If the government thinks the Bill is a favour to Muslim women, it is more than mistaken.
The passing of the triple talaq Bill, officially known as the Muslim Women (Protection of Rights on Marriage) Bill, 2017, on the same day as it was introduced, without incorporating any of the suggested amendments from the political Opposition, and without consulting any of the stakeholders – the Muslim women activists who led the fight against instant triple talaq leading the Supreme Court to pronounce it "unconstitutional and void" in August this year – sets a dangerous precedent.
#TripleTalaqBill passed in Lok Sabha. #ITVideoMore videos: https://t.co/NounxnP7mg pic.twitter.com/57bnDccRhK
— India Today (@IndiaToday) December 28, 2017
Not only is this an example of brute majoritarianism within Parliament – the Opposition exited the House before the vote because of Speaker Sumitra Mahajan's decision to not send the Bill to a Standing Committee – this amounts to the passing of a Bill that has been deemed unconstitutional and discriminatory by a number of legal and political experts, in addition to the Muslim women activists themselves.
#SansadWatch #TripleTalaqBill passed by #LokSabha. It has been bulldozed. Opposition MPs exited the House before the vote because of decision to not send the Bill to a Standing Committee. Half the House (treasury) was present during vote.ps this is what that looks like: pic.twitter.com/Q0XzGmkYLP
— Navya Sharma (@navyasharma_) December 28, 2017
The triple talaq Bill, passed in Lok Sabha, will be taken up in Rajya Sabha next, and it's likely that it's then sent to a Standing Committee for further perusal. The Bill effectively criminalises talaq-e-biddat, or instant triple talaq from a Muslim husband to his wife, whether granted orally, or via a written text on WhatsApp, SMS or email, among other forms.
The punishment includes a jail term of three years and a fine, and this is being cited as a highly problematic aspect of the law, since a civil wrong has been turned into a non-bailable and cognisable criminal offence.
Full text of the Muslim Women's (Protection of Rights on Marriage) Bill 2017 is here: https://t.co/vBFghyCBMd
— Alok ??????? ????? (@alokpi) December 28, 2017
The day saw intense debate in Parliament over the Bill, and Union minister of law, Ravi Shankar Prasad, led the Centre's argument by defending the Bill, which was drafted in just three months after the landmark Supreme Court judgement in August this year.
That this exercise was undertaken without consulting any Muslim women groups, none of the petitioners in the historic case, and not even experts on Muslim law, or the civil rights activists involved in the decade-long struggle to see this through, is a self-evident case of rank insensitivity.
Shameful display of brute force passing the TT Bill turning muslim husbands into criminals , this is not what we fought for in the Supreme Court of India
— indira jaising (@IJaising) December 28, 2017
Criminalising three, now meaningless words if they are said by the members of one religion, is nothing short of constitutionally ludicrous. #TripleTalaqBill https://t.co/DjSjGpDXLF
— Karuna Nundy (@karunanundy) December 28, 2017
You don't want to criminalise marital rape partly coz "If the dude's jailed, who'll support his family?"You're totally ok with jailing a man for shooting his mouth off by saying nothing with legal validity, never mind how he'll support his family FROM GAOL.#TripleTalaqBill
— Nandita Saikia (@nsaikia) December 28, 2017
Law minister Ravi Shankar Prasad, while speaking about "Muslim women's pain" in Parliament, omitted the crucial aspect that most victims of instant triple talaq don't want their husbands to be jailed or penalised.
In fact, the Congress MPs Sushmita Dev and Randeep Surjewala had raised a number of issues on the various loopholes and uncertainties within the Bill, such as the lack of clarity on the subsistence allowance, the burden of proof on the words – talaq, talaq, talaq – having been uttered in one go, among others.
Jubilant Law Minister @rsprasad meets Muslim women, says there is nothing political behind #TripleTalaqBill. Listen in. #EndTripleTalaqWatch Live at https://t.co/4fqxBVUizL pic.twitter.com/szfPk3cT25
— India Today (@IndiaToday) December 28, 2017
This law is for women's rights & justice & not regarding any prayer, ritual or religion: Law Minister Ravi Shankar Prasad in Lok Sabha #TripleTalaqBill pic.twitter.com/feFU2W3faF
— ANI (@ANI) December 28, 2017
We must understand pain of Muslim women. Today morning I read news that a woman in Rampur was given talaq by her husband just because she woke up late: RS Prasad,Law Minister in Lok Sabha #TripleTalaqBill
— ANI (@ANI) December 28, 2017
Nationalist Congress Party's Supriya Sule raised pertinent points about the NDA government's reluctance to criminalise marital rape on the pretext that it would tear apart families, while not balking at bringing about a law that would throw Muslim families, particularly those from economically backward sections, into absolute disarray by jailing a husband who utters words that have zero constitutional/legal standing.
SS: If you are making this historic social reform law on Triple Talaq, why don't you go a step further and make a law to criminalize marital rape too?#SansadWatch
— Meghnad (@Memeghnad) December 28, 2017
SS: I understand the deterrent by making TT criminal. But similar provisions are there for Dowry which is being misused. Even SC is saying so. Will the same happen to this law?
— Meghnad (@Memeghnad) December 28, 2017
Similarly, AIMIM's Asaduddin Owaisi, one of the staunchest opponents of the Bill, pointed out that the Bill is riddled with inconsistencies and loopholes, which are targeted legal discrimination of Muslim men, and thereby putting Muslim women in jeopardy.
For example, there's no mention of the plead insanity clause, an important ground to contest conviction under a blatantly punitive law.
#SansadWatch @asadowaisi on #TripleTalaqBill makes a very interesting point: Section 84 of IPC by which you can plead insanity is not included in this Bill. He has exposed a very important loophole. Bill must be sent to a Standing Committee.
— Navya Sharma (@navyasharma_) December 28, 2017
Asaduddin Owaisi, AIMIM President has given a notice to oppose the introduction of Muslim Women (Protection of Rights on Marriage Bill) 2017 in Lok Sabha #TripleTalaqBill (File pic) pic.twitter.com/5jDqWi9E7u
— ANI (@ANI) December 28, 2017
On the part of the government, Union minister MJ Akbar said that "time has come" for instant triple talaq to be outlawed, which is intriguing because the SC has already struck it down as unconstitutional.
While Akbar's speech in Lok Sabha got much applause, it was misleading at best.
Congress leader Salman Khurshid has underlined that the bill doesn't benefit Muslim women and instead sends them into further financial and social insecurity by jailing their errant husbands.
Women's rights activists have pointed out that the penalising might discourage reporting of instant triple talaq, or worse still, may lead to desertion of the wife by the husband without technically giving instant triple talaq.
If the Narendra Modi government is forcing the triple talaq Bill as a favour to Muslim women, without consulting any of the stakeholders in the conversation, it is more than mistaken.
In fact, The Bill amounts to penalising the most vulnerable members of a community and clearing the way for gross majoritarian policing of the members of minority community.