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Bill to ban instant triple talaq instroduced in Lok Sabha, Opposition protests

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8 years ago

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PM Narendra Modi appeal to Opposition parties to support the Bill fails, BJP issues whip to party MPs to ensure Bill’s passage in both Houses of Parliament

Union minister for law and justice Ravi Shankar Prasad, on Thursday, introduced the Muslim Women (Protection of Rights on Marriage) Bill in the Lok Sabha, amid protests from All India Majlis-e-Ittehadul Muslimeen chief and Hyderabad MP Asaduddin Owaisi and reservations expressed by the Congress party, RJD, All India Muslim League and Biju Janata Dal.

The Bill, for whose passage Prime Minister Narendra Modi has sought support of all political parties, seeks to criminalise instant triple talaq – a practice declared as “arbitrary, unconstitutional and unislamic” by the Supreme Court in August this year – and proposes a three year jail term and fine for any Muslim husband who pronounces talaq-e-biddat against his wife.

Soon after the Supreme Court had declared instant triple talaq as illegal and, in a minority verdict urged for a legislative framework to ban the practice, Prime Minister Narendra Modi had constituted a group of ministers comprising Union ministers Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravi Shankar Prasad to draft a stringent law that would act as a deterrent against talaq-e-biddat.

The Bill, drafted by the committee without any consultation with Islamic organisations like the All India Muslim Personal Law Board (AIMPLB), parliamentarians who weren’t part of the group of ministers, social organisations who work with victims of instant triple talaq and other stakeholders, has evoked a mixed response from various sections of the Islamic community.

On Thursday, as Union law minister Ravi Shankar Prasad introduced the Bill in the Lok Sabha, Owaisi opposed it saying: “This bill violates fundamental rights and lacks legal coherence. It will be an injustice to Muslim women.”

Prasad retorted, asserting that the introduction of the Bill marked a “historic day” for India and its Muslim women and said that the draft legislation “is for women’s rights and justice and not regarding any prayer, ritual or religion.”

There are several aspects of the Bill and even the process adopted by the government for drafting it that the Opposition members and a section of the Islamic community are protesting against. However, its passage in the Lok Sabha is almost certain given the brute majority that the BJP enjoys in the House. The BJP has already issued a whip to all its MPs, ordering them to be present in Parliament on Thursday and Friday when the Bill is debated for consideration and passage. While getting the Bill passed by the Lok Sabha will be easy for the BJP, the Centre could face a stiff challenge in the Rajya Sabha where it lacks a majority.

Odisha chief minister Naveen Patnaik’s Biju Janata Dal, which Prasad had reportedly reached out to earlier to seek support for the Bill, has also opposed the draft legislation. Senior BJD MP Bhartruhari Mahtab told the Lok Sabha that his party does not support the Bill as “it is flawed” and has “many internal contradictions”.

The “internal contradictions” in the Bill that Mahtab talked about are many. For instance, while the Bill clearly declares in Section 3 that instant triple talaq – pronounced verball, in written or electronic form – shall be “void and illegal”, Section 5 and 6 of the draft Bill go on to propose a ‘subsistence allowance’ for a Muslim woman who is victim of talaq-e-biddat and declares that she is entitled to the custody of her minor children.

These sections of the draft law, when read together, raise a peculiar contradiction believe legal experts and also politicians who are opposing the Bill.

“The most glaring internal contradiction is found in Sections 5 and 6 which discuss post-divorce issues such as a “subsistence allowance” for the woman upon whom instant talaq “is pronounced” and the “custody of her minor children” as if her marriage is dissolved by the mere pronouncement of talaq-e-biddat. How could the authors of this Bill talk of post-divorce matters ignoring the fact that the pronouncement (instant talaq) has already been voided in Section 3 and cannot result in a divorce,” wonders A Faizur Rahman, secretary-general of the Chennai-based Islamic Forum for the Promotion of Moderate Thought, in an article for The Hindu.

Congress leader Salman Khurshid, who had assisted the Supreme Court as amicus curiae in the instant triple talaq case, has said that he feels that his party can’t support the Bill on two grounds. First, that the government “did not discuss the contents of the Bill with Opposition members before introducing it in Parliament” and second, due to the incoherent nature of the Bill itself. “If someone is lodged in prison as a punishment for saying triple talaq, who will take care of his family,” Khurshid said, alluding to the fact that the if, as per provisions of the Bill, a Muslim husband is jailed for pronouncing talaq-e-biddat then how would he pay the ‘subsistence allowance’ to his wife as guaranteed in the draft legislation.

Congress sources told India Legal that although the party is likely to eventually support the Bill in Parliament, knowing well that it cannot afford to let the BJP take all credit for criminalises a practice that has adversely affected lakhs of Muslim women across the country, it would also vociferously protest against the Bill’s provision that makes instant triple talaq a “cognisable and non-bailable offence”.

For the Congress, the draft Bill present a piquant situation. If the Grand Old Party, which has for decades been accused of appeasing the Muslims – a community that forms a significant votebank for the Congress – opposes the Bill, it stands to be accused by the BJP of betraying Muslim women. However, if it supports the draft legislation entirely, including the provisions that criminalise talaq-e-biddat, it stands to lose support among conservative Muslim men among the Sunni community who feel that the Bill impinges on a matter of Muslim Personal Law.

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Rahul Gandhi attacks Centre ahead of Vladimir Putin’s India visit

Rahul Gandhi alleged that the government discourages visiting foreign dignitaries from meeting Opposition leaders, calling it a sign of “insecurity,” hours before Russian President Vladimir Putin arrives in Delhi.

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1 day ago

on

December 4, 2025

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Rahul Gandhi

As Russian President Vladimir Putin arrives in Delhi today for the India-Russia Annual Summit, Leader of the Opposition Rahul Gandhi has renewed his charge that the Centre discourages visiting foreign leaders from meeting Opposition representatives. He called it a sign of “insecurity” within the government.

Rahul Gandhi alleges break in long-followed tradition

Speaking outside Parliament, Rahul Gandhi said that it has traditionally been the norm for visiting foreign leaders to meet the Leader of the Opposition, a practice he claims continued during the tenures of Atal Bihari Vajpayee and Manmohan Singh.

He alleged that the present government advises foreign dignitaries against such meetings. “When foreign leaders come, the government suggests they should not meet the Leader of the Opposition. This is their policy,” Gandhi said. He added that a meeting with the Opposition offers visiting leaders a broader perspective, as “we too represent India.”

Gandhi further stated that this approach reflects the government’s reluctance to allow engagement between the Opposition and foreign guests.

Former Foreign Secretary counters Gandhi’s remarks

Responding to Gandhi’s allegations, former Foreign Secretary and Rajya Sabha MP Harsh Vardhan Shringla said visiting leaders operate on very tight schedules and there is no protocol mandating a meeting with the Leader of the Opposition. He stressed that such interactions depend entirely on the guest’s time and preference, noting that the required meetings are those with the President and the Prime Minister.

Putin’s schedule packed with bilateral engagements

Russian President Vladimir Putin is set to land in Delhi this evening on Prime Minister Narendra Modi’s invitation. His itinerary includes:

  • A private dinner with PM Modi
  • Visit to Mahatma Gandhi’s memorial at Raj Ghat
  • Engagements at Bharat Mandapam and Hyderabad House
  • A banquet hosted by President Droupadi Murmu

The visit forms part of the 23rd India-Russia Annual Summit.

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TMC MLA Humayun Kabir suspended after Babri Mosque replica proposal sparks row

TMC suspended MLA Humayun Kabir after he proposed building a Babri mosque replica in Murshidabad, a move that drew criticism from the party and sparked political tension.

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1 day ago

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December 4, 2025

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Trinamool Congress on Thursday suspended MLA Humayun Kabir after he publicly announced plans to construct a replica of the Babri Masjid in West Bengal’s Murshidabad district. Party leaders said Kabir had earlier been cautioned for making such statements but continued to push ahead with the controversial proposal.

Kolkata Mayor Firhad Hakim said the MLA’s remarks were unacceptable, stressing that the party stood firmly by its secular stance. “We noticed that one of our MLAs suddenly declared he would build the Babri masjid. We had warned him before. As per the party’s decision, we are suspending him,” he said.

Kabir vows to continue project, may form new party

Kabir had planned to lay the foundation stone for the mosque replica in Beldanga on December 6. Sources indicated he is likely to resign from Trinamool on Friday and float a new party while continuing with the project.

The choice of date and nature of the project drew sharp criticism from the Trinamool leadership. Hakim alleged the move reflected a “divisional politics” strategy aligned with the BJP. “Why December 6? He could build a school or college. This is divisional politics,” he said.

Sources also said Chief Minister Mamata Banerjee was “hugely annoyed” by Kabir’s remarks and informed him that the party would not support or associate with such activities.

Governor raises concerns, administration on alert

West Bengal Governor Ananda Bose questioned why action was not being taken if the MLA’s statements risked creating a law-and-order issue. He said intelligence inputs suggested attempts to turn Murshidabad into a “hub of scandal,” adding that authorities would not remain silent if communal tensions were provoked.

Officials confirmed that while Kabir has permission to hold the December 6 event, the administration is maintaining a high-level alert in Murshidabad.

Minutes after his suspension, Kabir withdrew from Mamata Banerjee’s rally in the India–Bangladesh border district, where she was protesting against the Special Intensive Revision (SIR) of voter lists.

BJP attacks Kabir over remarks

BJP spokesperson Pratul Shah Deo condemned Kabir’s comments, claiming they were intended to “create communal tensions.” He said any attempt to raise structures linked to historical rulers would trigger disputes similar to the Babri Masjid conflict.

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Karnataka Power Shift: What Siddaramaiah–DK Shivakumar compromise formula means

A closer look at the emerging ‘compromise formula’ between Karnataka’s top leaders Siddaramaiah and DK Shivakumar, and how it may shape the state’s political future.

Published

6 days ago

on

November 29, 2025

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A possible settlement between Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar has emerged, signalling a calmer phase in the leadership tussle within the state Congress. While the final decision rests with the party leadership in Delhi, details of the so-called “compromise formula” are gradually becoming clearer.

Breakfast diplomacy calms tensions

After weeks of speculation over friction between the two top leaders, Siddaramaiah and Shivakumar met over breakfast today. The meeting, aimed at projecting unity, served as a symbolic reset after their strained ties over the chief ministership question.

Analysts believe the optics were crucial — the Congress successfully avoided a public showdown by diffusing tensions before they escalated further.

A transition of power likely, say analysts

According to political observers, the compromise indicates a strong possibility of Shivakumar taking over as Chief Minister in a smooth transition, potentially as early as March–April 2026.
For now, sources say the arrangement requires Shivakumar to continue as Deputy Chief Minister without pushing for immediate change.

In return, the formula reportedly includes more cabinet positions for leaders loyal to Shivakumar and continuation of his role as the state Congress chief. Siddaramaiah is also expected to back Shivakumar as the party’s face for the 2028 Assembly election.

Why the Congress prefers this route

Replacing Siddaramaiah abruptly would not only upset internal balance but could also weaken the party, given his stature and mass appeal. Shivakumar, despite his influence, does not have the numbers within the legislature to force a takeover, making compromise the most viable path.

Siddaramaiah has already stated that this will be his final term as Chief Minister. With his legacy secure and his position as one of Karnataka’s tallest leaders intact, he appears willing to enable a dignified transition when the time comes.

Variables that could shape the final outcome

The success of the formula depends on three key factors:

1. Trust between the two leaders

Whether Shivakumar believes Siddaramaiah will keep his word remains uncertain. Karnataka’s political history is full of last-minute shifts, giving rise to the phrase “natak in Karnataka”.

2. Decision-making by the Congress high command

Delhi’s leadership must ensure the transition happens on time and without internal resistance, especially in the run-up to the 2028 Assembly polls.

3. Caste equations and political alignment

Siddaramaiah is the strongest face of the AHINDA bloc, while Shivakumar represents the OBC Vokkaliga community. The Congress cannot afford to alienate either group, making the timing and execution of any transition extremely delicate.

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