The Big Picture - Triple Talaq Bill

The government on Friday introduced a fresh triple talaq bill in the Lok Sabha amid vehement protests by opposition members who claimed that it was violative of the Constitution. The Muslim Women (Protection of Rights on Marriage) Bill, 2019 became the first legislation to be tabled in Parliament by the Narendra Modi dispensation in its second term, with Law Minister Ravi Shankar Prasad asserting the legislation was a must for gender equality and justice. The bill was introduced following a division of votes, with 186 members supporting and 74 opposing it. The bill was introduced in the lower house to replace an Ordinance issued in February by the previous BJP-led NDA government. The Bill was earlier introduced in December 2017 but owing to dissolution of the 16th Lok Sabha last month, the previous bill had lapsed as it was pending in the Rajya Sabha. The government had promulgated the Ordinance on triple talaq twice -- in September 2018 and in January 2019 -- as the contentious bill remained pending in the Rajya Sabha, though it was passed by the Lok Sabha. The Bill proposes to make the practice of instant triple talaq a penal offence. On this edition of the big picture we will take a closer look at The Muslim Women (Protection of Rights on Marriage) Bill, 2019.

Guest - Satya Prakash, Legal Editor, The Tribune,
Syed Ghayorul Hasan Rizvi, Chairman, National Commission for Minorities,
Farah Faiz, Petitioner and Supreme Court Advocate,
M M Ansari, Writer and Policy Analyst,

Anchor - Frank Rausan Pereira.

[shashiketan]

Triple Talaq bill introduced in Loksabha. The Bill proposes to make the practice of instant triple talaq a penal offence
.
- The government had promulgated the Ordinance on triple talaq twice -- in September 2018 and in January 2019.
- Ordinance has to be passed within 6 weeks by parliament
- Objective - For equality of women - Right to equality - Article 14
- SC has declared instant Triple Talaq unconstitutional: Argument before SC - court should apply constitutional provisions rather than Quran.
- Right to equality, non discrimination, & live with human dignity

Importance of bill
- To hold that person accountable
- To create a deterrent
Law is command of sovereign backed by sanction - Austin, British jurist
- Muftis still continuing the practice after the judgement - around 500 cases
- Course correction through society would take a long time.

Contentious issue or missing provisions:
- Is particular community being targeted? - Other communities also have such practices - so action against such must be taken.
Mixing social problem with religion - injustice to 10 cr muslim female & there is no interference in personal law.
- What happens after the punishment - who takes care of the family?
Compensation & provision for allowances.
- Who bears the court expenses -
- Punishment could be debated - 1/2/3 yrs.
- Mutual divorce provision missing.
- Court cases go on for too long.

Triple Talaq Bill is an intent to provide equality to Muslim female. There is a wide consensus about the illegality of the practice however the Muslim communities need to be on-board
for the punishment or deterrence. The issue must be seen as a social problem rather than giving it a religion angle. In a democratic society, law must step in when its between individual & fellow being.

[yog-sadhna]

appreciate the lady trying to speak english

[rishabhbansal]

Triple Talaq Bill
After SC declared this instant triple talaq practice unconstitutional government introduced the bill which is Muslim Women ( Protection Rights on Marriage) Bill which lapsed after the dissolution of 16th Lok Sabha and it was acted through ordinance issued in September than in February 2019 which would lapse which it does get approved within 6 weeks in the Parliament.

Key Highlights :-
What is Triple Talaq?
- There are several ways mentioned in Islam for the divorce.
- First is through legal method.
- Second, a man announces talaq three times once in a month which means the first time he announces a 30 day time frams is given for reconsideration then again he announces talaq and 30 days time is given. Finally in the third month he announces talaq and after 30 days talaq is given.
- Third, man announces talaq and total 90 days time is given for reconsideration and after period of 90 days it is done.
- The last one known as Talaq-e-Biddat which is instant talaq by announcing three time talaq to woman.

What does Bill proposes?
- Right to equality to muslim women.
- To get equal rights in the community.
- To stop such instant talaq practice. One of the panelists also said that this practice is sinful in Islamic religion.

Major concerns :-
- During the trial, who will bare the expenses?
- Men should not be allowed to marry during trials.
- Some of the leaders are trying to give it a political or religious colour.
- Some leaders gave statement that this bill is " Textbook example of class legislation as it discriminate against Muslims."
- Justice delivery time should not exceed longer.

Way Forward :-
- A famous Jurist Austin said that " Law is command of sovereign backed by sanctions."
- People should not try to impose or use religion as a tool.
- Now different sections of the society also realised that this practice should be banned.
- It is a social evil which needs to eradicated.
- Some kind of deternce should be there to provide Justice to Muslim women.
- Political and religional aspects should not be mixed and should be kept aside.
- This practice is not a religion problem it is social problem which needs to addressed and resolved.

[ankittiwari]

What a nice thinking of FARAH faiz Ma'am

[bharatiya-akp]

Madam Farah Faiz's words describes the frustration of Muslim women against triple talaq

[shashilawyer]

Social issues.. imp topic for UPSC
Thanks rstv

[NiteshJha]

Subramanian Swamy doesn't represent any Muslim women. It is his personal opinion. Woman are the victims any if anyone has to be contacted it is only Muslim women

[manideep]

it is better to add subtitles whenever there is an in call conversation. like today MM ANSARI. due to distortion the voice is not clear .

[duryodhannayak]

Yeh bill phir se Rajya Sabha phasenga.

[bethurajesh]

Anchor isn't letting the woman speak, while satya prakash is eating so much time... Discrimination against woman even in the rstv...

[uniquemind]

This bill is very necessary for Muslim womens

[amitverma]

Very important points were made by mrs. Farah Faiz.

[Vineeth_Lifestyle]

If you are muslim, be a hasan rizvi, don't be ansari

[kohisan]

Also the lady should have spoken in whichever language she was comfortable with, RSTV should have provided eng subs for that!

[adityapatil]

Another perspective of Misuse of law should have also been discussed to get an all round picture

[Moses-rr]

very relevant issue but I'm so sorry for non Hindi speaking Indians like me..

[बिजेंद्रसिंहकश्यप]

Absolutely, madam farha faiz showing the unseen pain of Muslim womens

[VivekPandey-jjyb]

I think there is a misunderstanding regarding the grounds on which there is an objection. I would suggest watching Shashi Tharoor's objection from yesterday.

[geographybynirmalendu]

M m Ansari tell me who is subhramanium swamy...he is neither a minister or at any post... ordinary mp remarks matter you most than supreme Court and constitution s remarks...

[SAMARTHYA_IAS_JUDICIARY]

Politics-It is a kind of act that comes into being when a person either at a higher position or not prioritises their self interest at higher rank than common interest.