The Draft of Bill, if it passes today, will make triple talaq a criminal offense.
All Muslim women who have been deserted by their husbands, subjected to physical or mental violence, deprived of their maintenance, including those whose husbands' have pronounced instant and arbitrary triple talaq, are entitled to relief under the Protection of Women from Domestic Violence Act, (PWDVA) 2005. In all situations, Islam encourages both men and woman to appoint arbitrators to try to reconcile their differences to prevent divorce (talaq). They are against doing anything by force. The UPA had then maintained that it was for the Muslim community to take a call. Despite having minority in Rajya Sabha, the BJP is expected to take the gamble by opposing the demand and asking the Bill to be put to vote. The support they extended in Lok Sabha was a sham. The Lok Sabha passed the Bill on December 28 without any disruption as the ruling BJP has the numbers to push legislation.
The Lok Sabha has already cleared the 'Muslim Women (Protection of Rights on Marriage) Bill and it is likely to be tabled in the Rajya Sabha Wednesday.
Squarely blaming the BJP over the bill she even predicted that the bill would only increase woes for the Muslim women.
The Bebaak Collective, a coalition of women's groups that played a pivotal role in the campaign against triple talaq, has warned "the move to imprison Muslim men will add to the prevailing insecurity and alienation of the Muslim community". The select committee can meet different stakeholders, women organisations, get their views and improve the bill. The BJP leader supporting the bill also highlighted the ruling given by the judge.
Professor Saud Alam Qasmi, a prominent Muslim scholar and present Dean, Faculty of Sunni Theology said, "The Supreme Court has declared the instant Triple Talaq null and void". By proposing to send the husband to jail, the government is actually ensuring that there is no room left for reconciliation.
Law minister Ravi Shankar Prasad met Azad on Wednesday in an effort to resolve the deadlock but couldn't offer a solution to the alimony question. Mufti Sadeq Mohiuddin condemned the government's decision to interfere in Talaq, which he said is "purely an Islamic affair". The law minister refused to give a paisa from the government side. "This will destroy families". "The whole country is watching that in the other House you supported the Bill and in this House, you (the Congress) are trying to derail the Bill", Jaitley said.
In the Upper House, opposition parties such as the Congress, TMC, CPI (M), CPI, SP, BSP, DMK, AIADMK and BJD, along with the BJP's ally TDP, moved a motion asking the Bill to be sent to a select committee. "In democracy, how do you decide except by a headcount?"