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Lok Sabha passes Bill banning instant triple talaq, Rajya Sabha hurdle ahead

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Lok Sabha passes Bill banning instant triple talaq, Rajya Sabha hurdle ahead

All amendments moved by the Opposition members fall, Modi government to now work on floor management in Rajya Sabha to get Bill passed

In a historic move, though its merits may be debatable, the Lok Sabha on Thursday passed by a voice vote the Muslim Women (Protection of Rights on Marriage) Bill which makes instant triple talaq a cognisable and non-bailable offence.

The Bill will now have to be introduced in Rajya Sabha where the Centre is not in a majority and will have to ensure that its floor management, in the wake of a united Opposition which has greater numbers in the House, helps in the passage of the Bill and its subsequent enactment as a law.

While the passage of the Bill in Lok Sabha, where the Prime Minister Narendra Modi-led NDA coalition enjoys a brute majority, was expected the day’s proceedings also witnessed the Treasury benches and the Opposition spar on the various clauses of the draft legislation.

The appeal by Prime Minister Narendra Modi earlier in the day to all political parties to support the Bill clearly had little effect on the Opposition. The government’s refusal of the Congress-led Opposition’s demand to refer the Bill to a Standing Committee of Parliament for wider consultation also evoked a sharp response from the Opposition. Several Opposition members, including Congress president Rahul Gandhi who had walked out of the debate in protest, were absent when the Bill was put to a voice vote by Lok Sabha Speaker Sumitra Mahajan ensuring a smoother than expected passage of the draft legislation as the BJP had issued a whip to its MPs, ordering them to be present in the House during the voting process.

Union minister for law and justice Ravi Shankar Prasad, who introduced the 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 vociferously defended the draft legislation through the debate.

The Bill, once it clears the Rajya Sabha hurdle to be enacted as a law, 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.

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

For the Congress, the draft Bill presents 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.

The BJP fielded several members during the debate to justify the draft legislation and also to, expectedly, slam the Congress for its appeasement of the Muslim hardliners in wake of the Supreme Court’s Shah Bano verdict.

Union minister MJ Akbar, a former Congress MP himself, hit out at those opposing the draft legislation, though he reserved his most strident criticism for the All India Muslim Personal Law Board. Slamming the AIMPLB for opposing the Bill, Akbar said: “What is the credibility of All India Muslim Personal Law Board? Who chose them to be community representatives? This slogan ‘Islam khatre mein hai’ was used before independence to divide India and is now being used to divide society, poison is being spread. You change law easily when it comes to men but you remember Allah when it comes to women.”

While the BJP MPs participating in the debate refused to spare any quarter for the Opposition, Owaisi too stuck to his criticism of the Bill, asserting: “My primary objection is two-fold: Parliament lacks legislative competence, bill lacks legislative coherence. It violates Article 15. Triple Talaq has been declared null and void already. It lacks rational nexus as sections under IPC exist…The Bill is constitutionally not valid. It will be injustice to Muslim women… If a Muslim man says triple talaq, then how is it valid when the court (the SC) has done away with it? This law will give handle to Muslim men to further subjugate women. They want to achieve their dream of putting Muslims behind the bars. Instead, create a corpus of Rs 1000 crore for Muslim women.”

With the debate over the Bill raging on well past the functioning hours of the Lok Sabha, Speaker Sumitra Mahajan decided to extend the sitting of the day’s session till the Bill was passed – which it was shortly past 7.30 pm.

Replying to the debate on the Bill, law minister Prasad took potshots at the Congress and Owaisi while asserting that: “We are not looking at this (Bill) from the lens of politics but from the lens of humanity. The jail term (for a Muslim husband pronouncing talaq-e-biddat) is up to three years and quantum of punishment will be decided by the magistrate and we have left it for the court to decide and its conscience. It is being said that we are breaking families, but when women were being abandoned, this argument found no place. Under Section 304B, if you try to burn a bride, then you will be imprisoned (sic),” Prasad said.

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Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

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Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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Sharad Pawar admitted to Mumbai hospital hours after Pune discharge

NCP (SP) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital hours after being discharged from Pune’s Ruby Hall Clinic, where he had been undergoing medical observation following complaints of cough and chest pain.

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Sharad Pawar

Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital on Wednesday, just hours after being discharged from Pune’s Ruby Hall Clinic. His daughter and Baramati MP Supriya Sule confirmed the development in a social media post, saying that the veteran politician was being admitted for further medical tests.

The 85-year-old leader had been discharged from Ruby Hall Clinic earlier on Wednesday after being admitted on November 2 following complaints of cough and pleuritic chest pain.

Confirming his admission to the Mumbai hospital, Supriya Sule said, “We are admitting Baba to Breach Candy Hospital for further tests. Thank you all for your concern and good wishes.”

Pawar’s latest hospitalisation came after he had undergone medical tests and observation during his stay at the Pune facility. Sule had earlier said that his health parameters were stable.

Why was Sharad Pawar admitted to hospital?

Sharad Pawar was initially admitted to Pune’s Ruby Hall Clinic on November 2 after experiencing complaints of cough and pleuritic pain, a form of chest pain that generally becomes worse while breathing, coughing or sneezing.

Dr Purvez K Grant, chief cardiologist, chairman and managing trustee of Ruby Hall Clinic, had said that Pawar was admitted for a general health check-up and medical observation following complaints of pleuritic pain.

During his hospital stay, Supriya Sule had informed that Pawar was undergoing medical tests and that his health parameters remained stable.

He was subsequently discharged from the Pune hospital on Wednesday. However, hours later, his family decided to admit him to Mumbai’s Breach Candy Hospital for further medical examinations.

PM Modi calls Sharad Pawar, advises complete rest

Prime Minister Narendra Modi also spoke to Sharad Pawar over the phone on Wednesday morning to enquire about his health.

According to Pawar’s aide Vitthal Maniyar, the Prime Minister spoke to the NCP (SP) chief and advised him to take complete rest.

Maniyar said Modi told Pawar that his daughter Supriya Sule and others were ready to take care of the country, and that the veteran politician should focus on his health.

Pawar thanked the Prime Minister for enquiring about his well-being, the aide said.

Maniyar also said that Pawar told Modi that he was resting and had no worries about the country, as others were there to take care of things.

The latest hospital admission was confirmed by Supriya Sule, who said her father was being taken to Breach Candy Hospital for further tests.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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