The much talked Muslim Women Bill was passed in the Lok Sabha yesterday. The Muslim Women (Protection of Right on marriage), 2018, includes the law on instant triple talaq.
Opposition parties, including Congress, AIADMK, and Samajwadi Party, walked out of the session as their demand was not met. These parties were demanding that the bill should be referred to a Joint Select Committee to first examine before passing it in the Lok Sabha.
The lawmaking process on Instant Triple Talaq was pending after the Supreme Court verdict on the case in August 2018. The Supreme Court Verdict said that the process of Instant Triple Talaq is unconstitutional and arbitrary.
The bill which is passed by BJP implies that Instant Triple Talaq should not just be counted as Unconstitutional but also should be implied as illegal and void. According to the bill, any person accused shall be liable for a jail term of three years. The bill also says that only magistrate and release the accused husband on bail, any officer on local police level doesn’t hold the power of doing that.
The opposition parties are saying that the bill should not criminalise the Triple Talaq act, as it ‘civil’ and not ‘criminal’ in nature.
[Note- Civil laws are those laws that solve the disputes between two parties, e.g. family disputes, while Criminal laws are those laws that are implied only in the case where whole society and not a single person is concerned. Any act that affects someone’s personal life comes under Civil law, while if the same act affects or harm Society, it shall be considered as a Criminal act. Civil courts solve civil matters, while Criminal courts solve Criminal matters in India.]
Congress leader Sushmita Dev said in the Lok Sabha, “ We agree that the bill is for women, but we have our objections to this bill. We do not agree with making instant triple talaq a criminal act. This government has made repeated attempts to misuse the Supreme Court's judgment.”