NEW DELHI: The reworked bill to make triple talaq or instant divorce among Muslims a punishable offence was passed by Lok Sabha on Thursday with a large margin of 245-11 votes but faces almost certain defeat in Rajya Sabha with major non-NDA parties raising objections and even allies like JD(U) not voting.

The bill relaxed some of the stringent provisions of the legislation cleared by the House a year ago which was thereafter stuck in Rajya Sabha amid opposition. The Centre brought forward an ordinance in September which made the bill effective in law as it argued cases of triple talaq were being reported despite the Supreme Court ruling it to be unconstitutional and bad in law.

The likely setback in Rajya Sabha saw senior BJP leaders speaking of the possibility of a joint session of both Houses to pass the bill criminalising triple talaq. However, there are indications that the opposition may seek to deny that option to the government by getting Rajya Sabha to vote for referring the bill to a select committee for further scrutiny instead of defeating it — a course which will open up an avenue to seek a joint sitting.

Otherwise too, the joint sitting option will need careful consideration as on its own strength, BJP will be short of 40-odd MPs to prevail. The gap can be narrowed with allies but the government will still need the support of a few non-NDA parties which was not evident on Thursday.

The proceedings saw Congress, TMC, RJD, NCP and BJD, among others, walk out ahead of voting. NDA partner JD(U) did not vote. Though JD(U) has only two MPs in Lok Sabha, it has six in Rajya Sabha. Interestingly, Ram Vilas Paswan’s LJP did not issue a whip for its six MPs. Amendments moved by the opposition were negated and the bill passed by division.

Despite passage in the lower House, the fate of the bill remains uncertain in view of Congress and non-NDA parties, including “neutral” ones like AIADMK and BJD, opposing the bill on various counts. BJP has become the largest party in the upper House with 73 MPs, ahead of Congress’s 50, but it lacks a clear majority even with allies. The winter session is the last substantive sitting of the 16th Lok Sabha.

Retention of the penal clause in the amended ‘Muslim Women (Protection of Rights on Marriage) Bill, 2018’, remained a sore point, with the opposition demanding that even this version be sent to a parliamentary committee for scrutiny. Repeated pleas for support by law minister Ravi Shankar Prasad were rebuffed by the recalcitrant non-NDA camp.

Responding to opposition allegations that penal provisions targeted one community and were not present in other religious laws concerning Christianity, Parsis or even Hindu faiths, Prasad argued that it was intended as a deterrent to “contain a crime” that has continued despite the Supreme Court striking it down.

The heated debate lasted nearly five hours — against the allotted time of two — with constant barbs exchanged between the opposition and treasury benches with accusations of “targeting of a community” and “appeasement” flying thick and fast.

BJP and Congress fielded women to argue their case. While lawyer Meenakshi Lekhi led the government charge, Congress MP Sushmita Dev countered with an aggressive argument against the criminal clause and seeking scrutiny by a joint select committee. Some opposition members also demanded to know why the government was ambivalent on the SC’s Sabarimala judgment, which also argued for women’s rights.

Calling the triple talaq bill “restorative and reformative”, Lekhi said the Constitution talked about a uniform civil code and not a uniform religious code. “Do we want to create a society where men have the sole right to divorce women whenever they want, a society where men can change wives like clothes?” she asked.

Dev said, “This law is not about empowering a Muslim woman, it is a bill that only penalises the Muslim man. In the name of empowerment, you are giving Muslim women nothing but a criminal case.”

AIMIM MP Asaduddin Owaisi pointed to what he called an irony that “homosexuality, adultery (women) have been decriminalised but divorce is being criminalised”.

BJD MP Bhartruhari Mahtab also opposed penal provisions in the bill calling imprisonment of the “accused” husband “without analogical justification”. TMC's Sudip Bandopadhyay, AIADMK's P Veugopal and NCP's Supriya Sule were among the others who opposed the bill.



In Video: Lok Sabha passes Triple Talaq Bill after 5 hour debate