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The ‘Muslim Women (Protection of Rights on Marriage) Bill 2019’, commonly known as Triple Talaq Bill was passed by the Rajya Sabha with 99 'yes' votes and 84 'no' votes. The Lok Sabha has passed the Bill on July 25th.
The Triple Talaq Bill was passed in the winter session during December 2018 but it had lapsed as the Rajya Sabha did not clear it before the dissolution of 16th Lok Sabha. The Centre brought in the Triple Talaq Ordinance on February 21, which is sought to be replaced by the present Bill. The Supreme Court had declared the Triple Talaq Bill to be unconstitutional by 3:2 majority in August 2017.
The statutory resolution moved by CPI(M) MP Elamaram Kareem for referring the Bill to select committee and the amendment moved by the opposition for dropping the penal clauses in the Bill were both rejected by the house majority.
For the purposes of the bill, "Talaq" means "talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband". Pronouncement of triple talaq, in written or electronic form, is declared to be void and illegal by Clause 3 of the Bill and is made an offence punishable with imprisonment for a term which may extend up to three years and fine.
Cognizance of the offence can be taken only if the complaint is lodged by the wife or her close blood relatives. As per the earlier Bill, the offence was cognizable, which meant that anyone could have lodged FIR in respect of the practice. The offences were non bailable and non- compoundable in the previous Bill, which the current Bill proposes to amend and make bailable and compoundable.
Union Minister for Law and Justice Ravi Shankar Prasad tabled the Bill saying that 345 cases of triple talaq have been reported after the SC verdict in August 2017 and more than 20 Islamic countries have regulated this practice.
Ghulam Nabi Azad, leader of opposition in the house while recording the opposition of Congress said that the bill targets Muslim minority community. Janata Dal (United), an ally of NDA, opposed the Bill in the upper house and boycotted the discussion. Mukththar Abbas Naqvi, Union Minister for Minority Affairs said in support of the Bill that it in the interests of women empowerment and gender equality. AIADMK MP A Navaneethakrishnan said that the Bill needs deeper study and should therefore be sent to select committee.
The Law Minister said that if matrimonial wrongs like dowry, domestic cruelty etc. can be penalized, there was no basis for opposition to criminalization of triple talaq.
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