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

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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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Yogi Adityanath’s do namoone remark sparks Akhilesh Yadav’s jab on BJP infighting

Yogi Adityanath’s ‘do namoone’ comment in the UP Assembly has been countered by Akhilesh Yadav, who termed it a confession of BJP’s internal power struggle.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath’s recent “do namoone” comment in the state Assembly has triggered a sharp political exchange, with Samajwadi Party chief Akhilesh Yadav turning the remark into an attack on the Bharatiya Janata Party’s alleged internal discord.

The comment was made during a heated Assembly discussion on allegations of codeine cough syrup smuggling in Uttar Pradesh. Opposition members had accused the state government of inaction, claiming that timely steps could have saved the lives of several children. Rejecting the allegation outright, Adityanath said that no child in the state had died due to consumption of the cough syrup.

While responding to the opposition benches, the Chief Minister made an indirect jibe, saying there were “two namoone”, one in Delhi and one in Lucknow. Without naming anyone, he added that one of them leaves the country whenever there is a national debate, and suggested that a similar pattern applied to the Samajwadi Party leadership. The remark was widely interpreted as being aimed at Leader of Opposition Rahul Gandhi and Akhilesh Yadav, a former Uttar Pradesh chief minister and current Lok Sabha MP

Akhilesh Yadav calls remark a ‘confession’

Akhilesh Yadav responded swiftly on social media, calling Adityanath’s statement a “confession” that exposed an alleged power struggle within the BJP. He said that those holding constitutional posts should maintain decorum and accused the ruling party of bringing its internal disputes into the public domain. Yadav posted his response shortly after the Chief Minister shared a video clip of the Assembly remarks online.

The Samajwadi Party has, on several occasions, claimed that there is a tussle between the Uttar Pradesh government and the BJP’s central leadership. Party leaders have cited the appointment of deputy chief ministers and certain bureaucratic decisions as evidence of attempts to curtail the Chief Minister’s authority.

Adityanath has consistently dismissed these claims, maintaining that he holds the post because of the party’s trust in him. The latest exchange has once again brought the narrative of BJP infighting into political focus, even as both sides continue to trade barbs ahead of key electoral contests

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Sonia Gandhi calls weakening of MGNREGA a collective moral failure, targets Centre in op-ed

Sonia Gandhi has accused the Centre of weakening MGNREGA, calling it a collective moral failure with serious consequences for crores of working people.

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Sonia Gandhi

Congress Parliamentary Party chairperson Sonia Gandhi has sharply criticised the Central government over what she described as the steady dismantling of rights-based legislation, with a particular focus on the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

In a recent opinion article published in a leading English daily, Sonia Gandhi argued that MGNREGA was envisioned as more than a welfare measure. She said the rural employment scheme gave legal backing to the constitutional right to work and was rooted in Mahatma Gandhi’s idea of Sarvodaya, or welfare for all.

Calling its weakening a serious failure, she wrote that the decline of MGNREGA represents a “collective moral failure” that will have lasting financial and human consequences for crores of working people across India. She stressed that safeguarding such rights-based frameworks is crucial at a time when, according to her, multiple protections are under strain.

Concerns raised over education, environment and land laws

Sonia Gandhi also flagged concerns beyond rural employment. Referring to education policy, she claimed that the Right to Education has been undermined following the National Education Policy 2020, alleging that it has led to the closure of around one lakh primary schools across the country.

On environmental and land-related legislation, she stated that the Forest Rights Act, 2006, was weakened through the Forest (Conservation) Rules, 2022. According to her, these changes removed the role of the gram sabha in decisions related to the diversion of forest land.

She further alleged that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act has been significantly diluted, while adding that the National Green Tribunal has seen its authority reduced over the years.

Warning on agriculture and food security laws

Touching upon agriculture reforms, Sonia Gandhi referred to the now-repealed three farm laws, claiming they were an attempt to deny farmers the right to a minimum support price. She also cautioned that the National Food Security Act, 2013, could face similar threats in the future.

Reiterating her central argument, she urged unity to protect statutory rights, stating that the erosion of such laws has implications that extend well beyond policy, affecting livelihoods and dignity on the ground.

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Renaming MGNREGA removes core spirit of rural employment law, says Shashi Tharoor

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Shashi Tharoor

Congress MP Shashi Tharoor has strongly criticised the renaming of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), saying the move strips the rural employment programme of its core essence. His remarks came after Parliament cleared the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, also referred to as the VB-G RAM G Bill.

Speaking to media, Tharoor said the decision to remove Mahatma Gandhi’s name from the scheme “takes out the heart” of the rural employment programme that has been in place for years. He noted that the identity and philosophy associated with Mahatma Gandhi were central to the original law.

Tharoor also objected to the way the new name was framed, arguing that it unnecessarily combined multiple languages. He pointed out that the Constitution envisages the use of one language in legislation, while the Bill’s title mixes English and Hindi terms such as “Guarantee”, “Rozgar” and “Ajeevika”, along with the conjunction “and”.

‘Disrespect to both names’

The Congress leader said that inserting the word “Ram” while dropping Mahatma Gandhi’s name amounted to disrespecting both. Referring to Mahatma Gandhi’s ideas, Tharoor said that for Gandhi, the concepts of Gram Swaraj and Ram Rajya were inseparable, and removing his name from a rural employment law went against that vision.

He added that the name of Lord Ram could be used in many contexts, but questioned the rationale behind excluding Mahatma Gandhi from a programme closely linked to his philosophy of village self-rule.

Protests over passage of the Bill

The VB-G RAM G Bill was passed by the Lok Sabha on December 18 and cleared by the Rajya Sabha in the early hours of December 19 amid protests from Opposition members. Several MPs opposed the manner in which the legislation was pushed through, with scenes of sloganeering and tearing of papers in the House.

Outside Parliament, members of the Trinamool Congress staged a sit-in protest near Samvidhan Sadan against the passage of the Bill. Congress also announced nationwide protests earlier this week, accusing the government of weakening rights-based welfare schemes.

Despite opposition criticism, the government has maintained that the new law will strengthen rural employment and livelihood security. The Bill raises the guaranteed employment from 100 days to 125 days per rural household and outlines a 60:40 cost-sharing formula between the Centre and states, with a higher central share for northeastern, Himalayan states and certain Union Territories.

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