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HomeReportBJP bulldozes triple talaq bill through Lok Sabha in a day, hails...

BJP bulldozes triple talaq bill through Lok Sabha in a day, hails it as women empowerment

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Law minister R.S. Prasad insists it’s not about religion as party uses strength in numbers to pass bill without any amendments suggested by the opposition.

New Delhi: On the strength of its brute majority in the Lok Sabha, the BJP scored a big political win over opposition parties as it pushed through the Muslim Women (Protection of Rights on Marriage) Bill, 2017, in just one day.

The bill criminalises instant triple talaq; the practice can attract a jail term of up to three years and a fine, or both.

With the passing of the bill, the BJP is set to take credit for championing the cause of Muslim women who are victims of this practice. Union Law Minister Ravi Shankar Prasad, who introduced the bill, maintained that it would provide these women with fundamental rights and empower them.

The opposition, meanwhile, is viewing it as an attempt at vote bank politics.

While the minister avoided any direct reference to the Shah Bano case, it was mentioned by both MoS External Affairs M.J. Akbar, who blamed the Congress for not touching the issue of triple talaq, and BJP MP Meenakshi Lekhi, one of three women MPs to speak during the debate on the bill.

Importance for the BJP

Rather than making it a religious issue, the BJP is projecting the passing of the bill as a step towards women empowerment. Time and again, Prasad pleaded to the House that it should not be seen as an issue of religion, faith, or pooja (prayer), but of “gender justice, dignity, and equality”.

The events of Thursday could have political implications for the BJP, as a number of states are going to the polls in the coming year, and Lok Sabha elections are due in 2019. In some states such as Uttar Pradesh, the party has maintained that Muslim women had voted for it, leading to its landslide victory. “Muslim women are victims of triple talaq, and live in constant fear. Now, the fear is contained,” a senior BJP leader told ThePrint.

The BJP had started the debate on triple talaq ahead of the UP elections, and in the run up to the Gujarat polls, had promised to get the bill passed. The Prime Minister’s Office even formed a Group of Ministers on the issue, featuring senior cabinet members.

In general, the BJP of late seems to be touching upon issues that have religious overtones, but can easily claim to be focused on gender, fundamental rights, and constitutional provisions such as Article 35A relating to Jammu and Kashmir.

Parliamentary strategy

In the parliamentary party meeting in Thursday morning, chaired by the Prime Minister, MPs were asked to remain present as the bill was slated to be passed Thursday itself. A whip was also issued.

Even the Congress was taken on board before the bill was introduced—it did not oppose the bill per se, but led the demands for it to be sent to a standing committee.

Many amendments were moved by opposition members, but were all rejected through voting on the floor of the House.

Prasad’s introductory speech

Introducing the bill, Prasad called it a ‘historic day’ for India, which would pave the way to making triple talaq a criminal act. “This bill is for those who want to terrorise their wives,” said the minister to the house, which welcomed it by thumping desks.

Taking into account the Supreme Court judgment from August that ruled the practice unconstitutional, Prasad said the bill had been brought in to give legal powers to the police and courts to act on the complaints of Muslim women who were victims of triple talaq.

The minister did not forget to question the secular thinking of the opposition in the middle of his speech. For those who asked “why interfere and break the family”, Prasad responded: “When women are sent to the footpath, how are we breaking families? But when we legislated on dowry harassment and sent the husband to jail, no one spoke about family union. Now, you are saying ‘get the counsel and make it only a civil case’. Why so much debate now?”

He added: “Cases of triple talaq are still being reported from across the country. What should the women do? They should frame the Supreme Court order and hang it on the walls of their houses? Should not we say ‘this is illegal’?

“Many women have gone to police stations. The police told them they have no power. And that is why the bill. If anyone indulges in triple talaq, we will criminalise it.”

Provisions of the bill

On how women will get maintenance if the husband is sent to prison, Prasad reasoned that the case will land up in court, and a magistrate will decide on the subsistence allowance, child custody, and on bail.

However, the minister had to retract one of his statements, where he had said that the bill was not sent to standing committee as no amendments had been proposed by the opposition.

While the bill provided for up to three years in prison, the quantum of fine is left to the magistrate’s discretion, the minister informed the house.

What next?

The bill now will be sent to the Rajya Sabha, and the opposition there is likely to demand that it be referred to a select committee.

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