BJP led NDA Government has decided to take the ordinance route to bring triple talaq legislation. The ordinance is being viewed as a big win for the rights of Muslim women
New Delhi: The Union cabinet chaired by Prime Minister Narendra Modi on September 19 (Wednesday) passed the Ordinance making Triple Talaq a punishable offence. The move seeks to score a major political victory and also renders the much needed helping hand to Muslim women especially on the eve of elections in states like Telangana, Rajasthan and Madhya Pradesh where there are substantial women voters.
No More ‘Triple Talaq’
The bill to criminalise Talaq-e-biddat (instant talaq) was stuck in the Upper House with the opposition parties chiefly Congress raising objections against the criminal provisions. The Bill was passed in December 2017 in the Lok Sabha.
Law Minister Ravi Shankar Prasad said the executive order route had been taken due to “constitutional urgency”.
“My special appeal to Sonia Gandhi….to appreciate that this Bill is pro-women. Similarly, my appeal is to Mayawati (chief of BSP) and also Mamata Banerjee (of Trinamool),” Mr Prasad told reporters here.
“We tried to take Congress along while piloting this Bill…Myself and Parliamentary Affairs Minister Ananth Kumar tried meeting and taking views of Congress leader Ghulam Nabi Azad five times,” he said and lamented that despite being led by a woman like Sonia Gandhi – the Congress party did not back government initiatives to crush such a “damankari (atrocious)” system against women.
The reluctance of the Opposition in the Parliament over making Triple Talaq a punishable offence has compelled the Narendra Modi-led Government to take the ordinance route for ensuring justice to the millions of Muslim women
“Triple Talaq continued unabated despite the Supreme Court orders…We have statistics. As many as 430 Triple Talaqs took place during January 2017 to September 2018. 229 such cases came up before the Supreme Court order after the Supreme Court order, there came 201,” Mr Prasad said.
He also said maximum Triple Talaq cases have been happening in country’s most populous state of Uttar Pradesh. “In UP, after the judgement, there were 120 cases. These are the cases; we could collect through media reports and other channels…There are many unreported too,” he said.
“Therefore, there was a compelling necessity to come with an Ordinance. There was an overpowering urgency,” Mr Prasad said adding the Triple Talaq has nothing to do with religion or with issues related to ‘ibadat (prayers)’; “it is purely about justice for women and an issue related to the pride of women”.
“In some cases, Triple Talaq has been given just because the Roti was not up to the mark….or the wife got up late in the morning,” the Law Minister said.
The Supreme Court in its order in August 2017 had declared instant Talaq illegal but directed the government to make a law.
“The two judges of the Supreme Court had called Triple Talaq practice as arbitrary….one judge called it a sin,” Mr Prasad said adding in some cases instant divorce has been given even on WhatsApp messages.
