The Narendra Modi government is planning to bring a bill in the winter session of Parliament banning “triple talaq” (instant divorce), government sources said on Tuesday. For this, the government plans to set up a group of ministers to work out the modalities of the legislation and its various implications.
The Supreme Court had banned the practice of triple talaq in August. However, in the absence of any penal provisions against men who still divorce their wives through instant talaq and with a section of Muslim clerics still holding it valid, the women have little protection against the practice.
Pronouncing its judgment in Shayara Bano versus Union of India on August 22 this year, the apex court in a majority judgment set aside the practice of Talaq-e-biddat — as the triple talaq is called in Islamic jurisprudence. The judgment was widely appreciated by several women groups and sections of the Muslim society, though a few clerics also called it as against the Shariah and an unnecessary meddling by the courts in the Muslim Personal Law.
Instant Triple Talaq has been held unconstitutional by SC;Banned by 3/5 judges;other two wanted it banned for six months till government introduces new law after consultation.Such a law must be welcomed by ALL-Must only deal with Instant TT not all kinds of talaq
— Shehzad Jai Hind (@Shehzad_Ind) November 21, 2017
“In order to give effect to this order of the Supreme Court, the government is taking the matter forward and is considering to bring about a suitable legislation or amending existing penal provisions which shall make instant talaq an offence,” a senior government functionary said.
Recently, a few cases where the Muslim husbands divorced their wives unilaterally through social media or phone came to light such as that of an Aligarh Muslim University (AMU) professor who divorced his wife through WhatsApp and SMS.
Instant #TripleTalaq is already Haram in Islam/Quran . Now BJP is using Talaq card to distract country from real issue like Rafale Scam, 15 lakh, Acche din etc .
— Prashant Bhushan (@pbhushanL) November 21, 2017
“In spite of advisories to the members of the community against this archaic practice, there seems to be no decline in the practice of divorce by Talaq-e-biddat. This could be because of the lack of knowledge among Muslim men of the Supreme Court’s decision. It could also be because of lack of deterrent punishment for the act of Talaq-e-biddat,” the government source said.
“As the law stands today, the victims of Talaq-e-biddat would have no option but to approach the police, but even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law,” he said.
Ban on triple talaq will grant justice to women, but beheading them will boost their empowerment.(2017) pic.twitter.com/vffvSrMxwa
— Asaduddin Owaisi (@asaadowaisi) November 20, 2017
“It is to this end that the positive step being taken by the government of enacting a legislation will go a long way in deterring the Muslim husbands from divorcing their wives and empowering the Muslim women who find themselves helpless against the use of the practice of triple talaq”,” he explained.
Many sects among the Sunni Muslims and the Shias do not permit instant talaq and the practice is majorly found among the Hanafi Muslims.
Congress says ‘Brahma’ Modi alone knows dates of session
The Congress on Tuesday alleged that the government is delaying the Winter Session of Parliament to avoid questions from the Opposition on issues like unemployment, corruption, GST and allegations against Amit Shah’s son Jay Shah, which could expose them in the Gujarat polls.
The party leaders also called Prime Minister Narendra Modi “Brahma” — the creator, who alone knows when the session will convene.
The party said it would also communicate with President Ram Nath Kovind on the delay in summoning of the Winter Session and urge him to take notice of it. It said the government had turned Parliament into a “joke” and they were “scared of getting exposed” if they convened the winter session of Parliament before the Gujarat assembly election.
Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said: “I have spoken to the Parliamentary Affairs Minister (Ananth Kumar) several times and asked him to tell us a date as to when the winter session is going to begin, so that we can make preparations accordingly.
“But he had no clue since it was not confirmed by the PMO (Prime Minister’s Office),” said Azad.
The truth does not go away because you hide from it. Modi ji, stop hiding and open the Parliament so the truth of what you did on Rafale can be heard by the nation. https://t.co/bwUGTNPyal
— Office of RG (@OfficeOfRG) November 21, 2017
Azad also said the reasons why the government was not summoning the winter session was because they do not want to face the questions of unemployment, Goods and Services Tax (GST) implementation and corruption.
“We wanted to ask the government about their formula of giving jobs and earning revenue where one can earn Rs 80 crore from Rs 15 lakh. If the BJP President (Amit Shah) has this formula for his company, then he should share it with the people of the country as well. That is the Gujarat model,” said Azad referring to allegations against Jay Shah.
Azad also attacked Prime Minister Narendra Modi for his election campaigns saying: “No PM in the past 70 years has campaigned from panchayat elections to parliament polls. He uses defence aircraft and helicopters for his visits. What is the cost of these visits? This is also a scam which will run into thousands of crores.”
“The central government has become an election machinery and the cabinet ministers are busy campaigning for elections all the time,” he added.
Deputy Leader of Opposition in the Rajya Sabha Anand Sharma hit out at Finance Minister Arun Jaitley for his statement that the winter session was delayed in the past too.
“His statement was a knee-jerk response. He should have checked the facts. He is factually wrong and we reject what he said that in 2011 a similar situation was there.”
We are now in fourth week of November: we still haven’t heard of the winter session of parliament. I ask again: state elections above a national parliament? Parliament ko lock Kiya jaye?
— Rajdeep Sardesai (@sardesairajdeep) November 21, 2017
In which case all the Union Ministers, inc the PM, can skip campaigning in Gujarat & Parliament can sit for its winter session as it normally would. https://t.co/CzzmqulHRj
— Omar Abdullah (@OmarAbdullah) November 20, 2017
What is Arnab & Republic TV distracting us from with this #PadmavatiFight
? Rafale scam
? Parliament’s winter session
? Gujarat Election
? IFFI Censorship
? Shaurya Doval
? Jay Shah
? Panama Papers
Thank You Arnab. You are the real lapdog.
— Keerthi? (@realkeerthi) November 19, 2017
Govt is attempting to delay the winter session of Parliament before Gujarat Assembly election as it wants to avoid burning issues to be raised on d floor of House to do away with its embarrassment. It will be a bad precedent in democracy.
— SHARAD YADAV (@SharadYadavMP) November 14, 2017
(Reproduced tweets do not reflect Lokmarg editorial policy)
He further said: “At least in this century it has not happened. In 2011, the date of summoning the Parliament was on November 3. The session formally convened on November 22 and concluded on December 30. The session was prorogued on January 5, 2012.
“There were elections in Himachal Pradesh and Gujarat like now in 2012. The polling in Gujarat was on November 9, 13 and 17 in 2012. The winter session was summoned on November 2 and it was formally convened on November 22, 2012 and continued throughout the election period till December 20, to be prorogued on December 24,” he added.
Sharma also said: “The Prime Minister and his ministers have mastered the art of untruths and half-truths, mislead and confuse the people.” He also called the Finance Minister and the Prime Minister “hypocrites”.
Leader of the Congress party in the Lok Sabha, Mallikarjun Kharge said: “They do not want discussion in Parliament, so they are giving different excuses for delaying the winter session.
“If they convene Parliament session and hold discussion, then they will be exposed. So they are trying to convene the session after the Gujarat polls,” said Kharge.
He said whatever was happening under the Narendra Modi government was an “attack on democracy”. He added that this year there had been only 38 sittings of the Lok Sabha — the lowest in the past 70 years.
“Even ministers of this government and the Speaker do not know when the session will be convened. Only one person knows about it — who is ‘Brahma’… You cannot be whimsical in running a democracy,” he said.