The government has decided to not introduce the triple talaq bill in the Rajya Sabha on Friday, the last day of the Monsoon Session of Parliament. Chairperson Venkaiah Naidu said the bill will not be taken up as “no consensus could be built around it”, ANI reported.
As the Monsoon Session is unlikely to be extended further, the bill is expected to be taken up for debate during the Winter Session.
The Centre was set to introduce the triple talaq bill in the Upper House on Friday, a day after the Union Cabinet added a bail provision to the piece of legislation, NDTV reported. The Lok Sabha cleared the Muslim Women (Protection of Rights on Marriage) Bill, 2017, in December.
The Bharatiya Janata Party blamed Congress President Rahul Gandhi for the bill not being passed in Parliament during the Monsoon Session. Parliamentary Affairs Minister Ananth Kumar said the Congress and Rahul Gandhi are directly responsible for stalling the bill, PTI reported.
The bill criminalises the practice of divorcing by uttering the word “talaq” thrice in any form – spoken, in writing, or over electronic communication. It also proposes a three-year jail term for men who violate the law.
On August 22, 2017, the Supreme Court struck down triple talaq, calling the Islamic practice unconstitutional. It ruled that the law violates Article 14 of the Indian Constitution, which provides for equality before the law. The All India Muslim Personal Law Board had opposed the verdict, saying it was “contrary to the protection guaranteed by the Constitution of India”.
According to the amendment cleared by the Centre, magistrates can now grant bail to the accused. It was one of the demands made by Opposition parties. The woman can approach the magistrate to seek subsistence allowance for herself and her minor children, and can also seek the custody of her minor children. Magistrates will take a final call on the matter.