Congress on Tuesday said there was no need to criminalise the triple talaq practice which had already been struck down by the Supreme Court. (File Photo)

As the Parliament cleared the triple talaq bill, the Congress on Tuesday said there was no need to criminalise the practice which had already been struck down by the Supreme Court, while senior party leader Raj Babbar termed the bill's passage as a "historic mistake".

The Parliament approved the bill that makes instant triple talaq a criminal offence after the contentious legislation was passed by Rajya Sabha following non-aligned BJD extending support and NDA constituents JD-U and AIADMK walking out.

Lok Sabha had passed the Muslim Women (Protection of Rights on Marriage) Bill last week and with the Rajya Sabha now approving it, the practice of instant divorce by Muslim men will be punishable by a jail term of up to three years.

"We had fundamentally supported this bill. We also wanted amendment for the provision of support to Muslim women. Our opposition was on two-three issues. The Supreme Court had struck down triple talaq, you had also struck down down triple talaq through the law, then what is the need to criminalise an imaginary thing?" senior Congress leader Abhishek Manu Singhvi said.

"Triple talaq does not have any legal standpoint, then what was the need to criminalise it? Even if the woman does not want it, her relative can get the husband arrested. Bail will be very difficult... What is the relevance for this?" he told reporters outside Parliament.

Another Congress leader Raj Babbar described the passage of the bill as a "big jolt" to family laws in India.

"A civil law has been changed into criminal law. This is a historic mistake," he said.

Senior Congress leader and former Union minister Kapil Sibal took a swipe at the parties and individuals who abstained during voting, saying it is sad to note that "those who claimed they oppose the bill and will vote against it, were not present in the House during voting".

"One should ask them as to why they abstained. If they were not to come to the House during voting, why did they make tall claims that they will vote against the bill?" Sibal said.

The Upper House passed the bill by 99 votes in favour and 84 against it.

It earlier rejected an opposition sponsored motion to send the bill to a Rajya Sabha Select Committee with 100 votes against it as compared to 84 in favour.

While the BJD supported the legislation, JD-U and AIADMK walked out, lowering the majority mark which normally stands at 121. The ruling NDA has 107 members in the 242-member Rajya Sabha.

The NDA was also helped by the absence of some members of the SP and BSP as well as those of Telangana Rashtra Samithi (TRS) and YSR-Congress.