To build consensus, BJP reaches out to opposition & circulates note on the Bill to all MPs. Also issues whip to its MPs to be present ‘without fail’.
New Delhi: The ambitious Bill proposing to make the practice of triple talaq illegal is set to be introduced in the Lok Sabha Thursday. And given Prime Minister Narendra Modi’s personal push for it, the Bharatiya Janata Party has rolled out its whole artillery to ensure its smooth passage.
Anticipating resistance from opposition parties, the ruling party has chalked out a multi-pronged strategy to push the Bill. Union ministers led by Home Minister Rajnath Singh are reportedly burning the phone lines to reach out to opposition leaders and chief ministers of various states. It has also sent a note to all MPs, explaining its stand.
But while it works on building consensus, the party has also issued a whip to its MPs, asking them to be present in Parliament on 28 and 29 December “without fail”. BJP MPs have been told that absence will not be tolerated — a clear sign that the party is ready to push the Bill through by brute force of majority.
Sources told ThePrint that Union Law Minister Ravi Shankar Prasad has spoken to the Leader of the Opposition in the Rajya Sabha, Congress’s Ghulam Nabi Azad, and Trinamool Congress MP Derek O’Brien, apart from a few other opposition leaders. The government has stressed upon the fact that the Bill only deals with the practice of ‘talaq-e-biddat’, and does not interfere with the Muslim Marriage Act, a concern that will no doubt be raised by opposition parties.
Note to MPs
The note sent by the government to all MPs explains the government’s position on why the Bill needs to be introduced in Parliament.
“The government will impress upon the opposition that even after Supreme Court order, cases of triple talaq have come to light, and therefore it is necessary to form a law against it,” a source told ThePrint.
The first part of the note quotes a portion of the Supreme Court ruling whereby a five-judge bench set aside ‘talaq-e-biddat’ for being an “arbitrary” practice in August. Former Chief Justice J.S. Khehar is quoted opining that the legislature should rule on the issue, and the Supreme Court be kept out of it. Justice Kurian Joseph is also quoted saying that what is banned in the Quran cannot be good in the Shariat. “What is banned in theology cannot be good in law,” Justice Joseph is quoted as saying.
The second part of the note talks about an international convention to which India is a signatory – the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Nine Islamic countries — Pakistan, Bangladesh, Turkey, Tunisia, Afghanistan, Egypt, Iran, Indonesia and Morocco — are also signatories, and have legislated on divorce.
The third part of the note deals with what the Bill says. The proposed law, it says, will only deliberate on triple talaq being illegal, punishable by three years and/or fine imposed, subsistence allowance for the woman and dependents, and custody of children. “Custody of children should be different from the Shah Bano case. The Shah Bano case deals with custody after the divorce is granted,” added the source.
Expected response
While the opposition’s stand on the matter is not clear yet, a source in the Congress told ThePrint that the general mood seems to be that the Bill ought to have been put in the public domain, and that opposition parties are likely to push for the Bill to be reviewed by a Standing Committee.
“The Bill requires legislative scrutiny, and the party (Congress) is likely to raise questions like why the government did not take everyone on board,” the Congress source said.
At the same time, the Congress doesn’t want to be seen as a party against reforms for Muslim women, and is keeping its cards close to its chest.
“Whatever will be our stand, we will put it before the House. The Congress will do whatever it will do in people’s interest,” said Ghulam Nabi Azad.
Other parties too will only take a stand after the Bill is introduced on the floor of the House.
“We haven’t seen the Bill as yet, and it is difficult to clarify our stand without reviewing the Bill. The Samajwadi Party will take a position once we study the Bill,” said Samajwadi Party MP Javed Ali Khan.
K.C. Tyagi, senior leader of BJP ally JD(U), echoed similar views.
“We are not opposed to reforms. But the government must engage all the stakeholders in order to reach a consensus. The rest, we will take a call after reviewing the Bill,” he said.
Zakia Soman, founder of the Bharatiya Muslim Mahila Andolan, which has been at the forefront of the struggle to invalidate the practice, said it will support the Bill if the offence is made non-cognisable.
Senior advocate Indira Jaising had earlier indicated that the Bill, if enacted, could be challenged in court.
Unless a bad practice is made a crime and punishable people will not be sufficiently deterred.
I fail to understand why so hurry. Let’s see for two/ three years. If still the Muslim community persist with tripple talaq then we may consider for some law to deter people to do that. On the other side as it is banned, so nobody can’t divorce through this route, then what is the purpose of this law.
u r wrong, TTalaq is not banned, SC can only express its view, but govt of the day has to legislate it, I hope u have properly read the SC judgement on TTalaq, half knowledge is dangerous, SC properly said govt should bring law
V cannot further. Already much damage is done. There is urgency for passing d bill in RS. NDA may accommodate all amendemenrs which r in d interest of Muslim women. congress is playing drama. However things will change a lot after April 2018 RS poll where congress will loose 15 seats and BJP to win abt 20.