The ‘triple talaq’ bill which was passed by India’s lower house (Lokh Sabha) just over a week ago in December did not meet the same fate in the upper house (Rajya Sabha) on Friday, when the winter session of the house came to an end.
The matter has now been pushed to next session which will start in February and will focus on the budget.
The Muslim Women Protection of Rights in Marriage Bill 2017 also known as the ‘triple talaq’ bill seeks to make the act of divorcing a wife by uttering the words thrice, a criminal offence proposing a sentence that could extend up to three years.
While voting on the bill was on the agenda for the Rajya Sabha session on Friday, the ensuing deadlock between the government and opposition it did not come up for a vote.
The Congress has demanded that the bill be sent for a review by a parliamentary committee.
According to media reports, the Muslim Women (Protection of Rights on Marriage) Bill makes instant triple talaq or talaq-e-biddat in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — “illegal and void” and provides for a jail term of three years for the husband.
The bill will now be sent to the upper House of Parliament, the Rajya Sabha, for discussions.
Introduced in the Lok Sabha by Law Minister Ravi Shankar Prasadand and prepared by an inter-ministerial group headed by Home Minister Rajnath Singh the bill, according to officials, aims to protect the rights of married Muslim women and prohibit divorce by mere pronouncement divorce by the husband.
Officials say the law gives the the affected woman the power to approach the court seeking “subsistence allowance” for herself and minor children, and also seek custody of her minor children from the magistrate who will take a final call on the issue.
In August 2017, the Supreme Court ruled as unconstitutional the law, which allows Muslim men to divorce their wives simply by uttering the word “talaq” three times.
Muslim women had petitioned the court, arguing the practice of husbands divorcing them through “triple talaq”, including by Skype and WhatsApp, not only violated their rights but left many women destitute.
