The Muslim Women (Protection of Rights on Marriage) Bill 2017, which criminalises instant triple talaq, was passed in the Lok Sabha on Thursday. Now, the Bill will be tabled in the Rajya Sabha for approval. The Bill has a provision of three-year jail term for Muslim men who divorce their wives through instant triple talaq.

While tabling the Bill, Law Minister Ravi Shankar Prasad urged members not to see the Bill from the political prism. “It should not be constrained by the walls of politics, should not be weighed in terms of religion and not be seen in terms of vote bank,” Prasad said.

Referring to the 3:2 judgment of the Supreme Court which set aside talaq-e-biddat as a manifestly arbitrary practice, Prasad said two judges had termed it unconstitutional, one as illegal and two others had ordered an injunction on triple talaq at least for six months — by when the government should consider steps to initiate legislation on the issue.

The Bill proposes to declare pronouncement of talaq-e-biddat (three pronouncements of talaq at one go) by Muslim husbands as void.

It says the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. There is provision for subsistence allowance from the husband for the livelihood and daily supporting needs of the wife as also of the dependent children. The wife would also be entitled to the custody of minor children.

Prasad said that talaq-e-biddat has been regulated in many Muslim-majority countries such as Bangladesh, Egypt, Malaysia, Indonesia and even Pakistan, “which is a terror state”.

Already the government side is depleted in the Rajya Sabha, with the “Triple Talaq” bill being opposed by parties like the Biju Janata Dal and AIADMK, considered government-friendly as they regularly help it pass bills. The ruling BJP and allies are in a minority in the Rajya Sabha and so need the help of such parties to push bills, according to media reports.

West Bengal chief minister Mamata Banerjee’s Trinamool Congress, which draws substantial support from Muslim voters, has not made its stand on the bill clear yet. The Samajwadi Party, which too counts on Muslim votes, has said it opposes the bill in its current form, media reports added.

Bill tabled

The Bill was tabled in the Lok Sabha by Union Law Minister Ravi Shankar Prasad even as some members accused the bill of violating the fundamental rights of Muslims.

The discussion on the Muslim Women (Protection of Rights on Marriage) Bill, 2017 was taken up hours after it was introduced in the pre-lunch session.

While a majority of parties are supporting the bill, some members including All India Majlis-E-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi said that the bill lacked “legal coherence”.

Appeal for consensus by PM Modi

Earlier in the day, Prime Minister Narendra Modi appealed for consensus in passing the bill, Union Parliamentary Affairs Minister Ananth Kumar said after the BJP Parliamentary meeting.

The Union government has tabled the bill after days of logjam in both houses over Congress’ demand for apology from Prime Minister Narendra Modi over his remarks against his predecessor Manmohan Singh during the Gujarat assembly election campaign.

The Centre had on Wednesday extended an olive branch to the Congress, as Finance Minister Arun Jaitley clarified that the Prime Minister didn’t question Singh’s commitment to the nation.

Following Jaitley’s statement, the Congress also reciprocated by disapproving Mani Shankar Aiyar’s criticism of the Prime Minister after which the House resumed normal business.

However, clerics and several Muslim organisations, cutting across sects and schools of jurisprudence, have opposed the bill, terming the government’s stand as “uncalled for interference” in the personal laws of the community.

The AIMPLB has even accused the Centre of not following the laid procedure in drafting the bill, which was against women and children, and if implemented, would destroy many families.

In a historic judgment in August, the Supreme Court had ruled that the practice of divorce through triple talaq among Muslims was “void, illegal and unconstitutional”.

(With agency inputs)