Rajya Sabha MP Husain Dalwai writes letter to Home minister Rajnath Singh, says plan to criminalise the practice of triple talaq is ‘extremely problematic’.
New Delhi: Congress MP Husain Dalwai has raised alarm over the government’s draft law seeking to make instant triple talaq a cognisable and non-bailable offence, and has written a letter on the matter to Union Home Minister Rajnath Singh.
Speaking to ThePrint, Dalwai said the government’s move was “politically motivated”, and a bid to “instigate the Muslim community”. He has urged the government to go through the proper channels of consultation, instead of rushing to table the legislation in Parliament.
Dalwai is concerned that criminalising the practice, which was deemed unconstitutional by the Supreme Court in August, could become a way to target and alienate the minority community. In the letter, dated 29 November 2017, Dalwai wrote that “dissolution of marriage is a cause of civil disagreement and must be treated as such”.
“I find it extremely problematic that some newspapers have reported that the Group of Ministers is considering criminalising the practice of instant triple talaq,” read the letter, copies of which have also been marked to External Affairs Minister Sushma Swaraj, Law Minister Ravi Shankar Prasad, Minority Affairs Minister Mukhtar Abbas Naqvi and Social Justice Minister Thawar Chand Gehlot.
The Rajya Sabha MP from Maharashtra said that while he opposed to the practice of triple talaq in principle, the government’s move was selectively targeting Muslims.
Dalwai had earlier introduced a Private Member Bill in the Rajya Sabha to ensure equitable provisions relating to divorce among Muslims, and has requested the government to consider it. “I will urge you to desist from criminalising civil acts and from rushing into tabling a legislation without proper consultation, as it is a sensitive matter with far reaching consequences,” he said in the letter.
Not the lone voice
Dalwai’s is not the lone Muslim voice opposing the draft Bill.
Former Janata Dal (United) MP Ali Anwar said: “The BJP has no sympathy for Muslim women, and is only shedding crocodile tears. The government is trying to portray Muslims as fanatics and women-haters.”
Like Dalwai, Anwar too said that the suffering of Muslim women due to the practice was genuine, but added that the reform should be allowed to develop gradually. “The BJP wants a premature delivery,” he said.
However, attempts at building consensus among Muslim MPs to oppose the criminalisation of triple talaq are not new. Sources told ThePrint that before the Supreme Court invalidated the practice, the All India Muslim Personal Law Board (AIMPLB) had called an unofficial meeting of Muslim MPs from different political parties, to build consensus ahead of the Monsoon Session of Parliament.
An MP who had attended the meeting said that no agreement could be reached, as at least two of the attendants questioned the locus standi of the AIMPLB, which insisted that the struggle against triple talaq was spurred by women who were “agents of the BJP and the RSS”.
Yet, the criticism levelled by Muslim MPs across party lines could impact the urgency with which the government had earlier sought to criminalise the practice.
The government is also concerned that just like in case of marital rape, the onus of proving the alleged crime of triple talaq would be on the wife, and there would be no way of confirming her complaint unless there was written or electronic evidence to corroborate her claims.
ThePrint had earlier reported that there has been a rethink even in the government on introducing the Bill in the Winter Session of Parliament, with the government deciding to send the draft to states for comments and suggestions. Once the comments pour in, a member of the clergy will be taken on board for consultation on Muslim Personal Law.
Sources in the Ministry of Minority Affairs, too, had told ThePrint that there is no finality to the draft law yet.
While the AIMPLB has not been yet approached by the government, board member Kamal Farooqui told ThePrint that it also plans to write to the government about the draft law.
“Right now, we are being cautious, because everything we say is politicised,” Farooqui added.