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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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Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

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Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

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DMK attacks Rahul Gandhi, accuses him of weakening opposition unity

DMK has intensified its criticism of Rahul Gandhi, alleging that the Congress leader’s actions have weakened opposition unity and strained relations within the INDIA bloc.

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Rahul-Gandhi

The war of words between the DMK and Congress has intensified, with the DMK launching a strong attack on Leader of Opposition Rahul Gandhi and accusing him of contributing to divisions within the opposition alliance. The criticism comes amid strained ties between the two parties following their political split in Tamil Nadu.

According to the DMK, Rahul Gandhi’s political approach has weakened unity among opposition parties. The party’s IT wing mocked the Congress leader on social media, while an editorial published in the DMK’s official mouthpiece Murasoli questioned his recent remarks on opposition solidarity.

DMK questions Rahul Gandhi’s remarks on opposition unity

In its editorial, Murasoli argued that Rahul Gandhi was speaking about opposition unity despite, according to the DMK, contributing to disagreements among alliance partners in several states. The publication cited criticism directed at Congress by various opposition parties and suggested that the party’s actions had often created tensions within the INDIA bloc.

The editorial also referred to past political disputes involving Congress and Left parties, particularly in Kerala, claiming such episodes had raised concerns among opposition allies about Congress’s approach toward its partners.

Tamil Nadu political fallout adds to tensions

The attack comes after a major political realignment in Tamil Nadu. Following the 2026 Assembly elections, Congress ended its alliance with the DMK and joined the government led by Vijay’s Tamilaga Vettri Kazhagam (TVK). The move left the DMK in the opposition and significantly altered the political equation between the two former allies.

The DMK has alleged that Congress benefited from the alliance during the election and later abandoned its partner. The party’s editorial questioned whether assurances from Congress leadership would be trusted by alliance partners after the developments in Tamil Nadu.

Congress rejects allegations

Congress has not issued a detailed official response to the editorial, but party sources have rejected the allegations. According to the party, its decisions in Tamil Nadu were made in line with the mandate delivered by voters and were not intended to undermine either the DMK or the broader opposition alliance.

The latest exchange highlights growing strains between two key opposition parties even as leaders continue to stress cooperation on national issues. Just days earlier, Rahul Gandhi had said that the DMK remained aligned with the opposition on defending the “idea of India” despite political differences.

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Congress, SP send mixed signals on AIMIM’s role ahead of 2027 Uttar Pradesh polls

Congress and Samajwadi Party leaders have responded differently to questions about AIMIM’s role ahead of the 2027 Uttar Pradesh Assembly elections, highlighting ongoing discussions over opposition strategy.

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Differing responses from Congress and Samajwadi Party leaders have highlighted varying approaches within the Opposition camp regarding the possible role of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) in the run-up to the 2027 Uttar Pradesh Assembly elections.

The discussion gained momentum after AIMIM chief Asaduddin Owaisi launched his party’s campaign preparations for the 2027 elections from Bahraich and reiterated that his party is open to alliances, provided it is treated with respect and as an equal partner.

Different responses from Congress and SP

Reacting to questions about a possible understanding with AIMIM, Congress leader Imran Masood said any decision on alliances would be taken by the party leadership. He also stressed that there could be no compromise with communalism.

On the other hand, Samajwadi Party leader Ram Gopal Yadav adopted a more accommodating tone, stating that anyone capable of defeating the BJP would be welcome. His remarks were viewed as leaving the door open to broader anti-BJP political cooperation.

The differing responses have drawn attention as Opposition parties continue to assess their electoral strategies ahead of the 2027 Uttar Pradesh Assembly elections.

AIMIM steps up preparations

AIMIM has begun expanding its campaign activity in Uttar Pradesh, with Owaisi launching the party’s preparations from Bahraich. The Hyderabad MP has indicated that AIMIM is willing to consider alliances but has maintained that any partnership must be based on mutual respect and equality.

The party is also working to strengthen its organisational presence in the state as it seeks a larger role in Uttar Pradesh politics ahead of the next Assembly election.

No formal alliance announced

Despite the ongoing discussion, no formal alliance or seat-sharing arrangement involving AIMIM and major Opposition parties has been announced so far.

With more than a year remaining before the 2027 Uttar Pradesh Assembly elections, political equations are expected to evolve as parties finalise their strategies and alliance plans.

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