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Amid continuing reports of talaq-ul-biddat being given despite SC order against the practice, Modi government likely to table new law in next Parliament session
It has been over three months since the Supreme Court, in a historic verdict, decried the practice of talaq-ul-biddat or instant triple talaq in the Muslim community as unislamic, arbitrary and unconstitutional”, yet the obnoxious practice seems to still continue. Now, the Prime Minister Narendra Modi-led BJP government is planning to bring a new law that could ban the practice, possibly even making it a criminal offence.
If reports in a section of the media are anything to go by, the Modi government is already working on a draft legislation that seeks to ban the practice of triple talaq and could table this Bill in the next session of Parliament.
The Centre is currently drawing flak for delaying a notification on the winter session of Parliament – which traditionally starts by the third week of November.
However, if the government does succeed in tabling the reformist Bill in the winter session of Parliament – rumoured to commence in the third week of December – then the Opposition’s attempt to corner the Modi government on issues ranging from the continuing aftermath of GST and demonetisation, allegations of financial impropriety against sons of BJP president Amit Shah and National Security Adviser Ajit Doval, rising food prices, etc. could be substantially dented.
According to news agency PTI, the government has already set up a ministerial panel “to consider a legislation to put an end to instantaneous triple talaq, a Muslim way of divorce which is said to be still in practice despite the Supreme Court striking it down”.
A report in the Economic Times quoted anonymous sources in the government who are privy to the Centre’s plans on the new legislation as saying that in order to give effect to the August 22 verdict the apex 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 instantaneous Triple Talaq an offence.”
“There have been reports of number of divorces by way of talaq-ul-biddat happening even after the SC judgement. This could be because of lack of knowledge of Muslim husbands about the Supreme Court’s decision or because of lack of deterrent punishment for the act of talaq-e-biddat. 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,” the Economic Times report quoted a government source as saying.
It may be recalled that during the arguments in the Supreme Court in the triple talaq case, members of the Muslim community who were opposed to judicial intervention in a matter of “personal law” – especially lawyers representing the All India Muslim Personal Law Board – had submitted that they were open to the government making the practice of instant triple talaq illegal by way of a legislation.
If the government succeeds in drafting the forward-looking legislation and having it passed by Parliament, the move could, as many in the BJP say, help the saffron party make substantial in-roads in the significant vote-bank of Muslim women who have been adversely affected by the “unislamic” practice for decades.
The BJP and Narendra Modi in particular strongly backed demands for declaring instant triple talaq as unconstitutional when the matter was being heard by the Supreme Court. This stand, BJP insiders believe, had helped the party make significant electoral gains among Muslim women in Uttar Pradesh which went to polls early this year and ended with a wave in favour of the saffron party. The BJP clearly hopes that by making the practice illegal by way of a legislation, it could further consolidate its base among Muslim women, especially since successive Congress-led ‘secular’ governments never cared to address the grievances related to talaq-ul-biddat.
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