http://www.thehindu.com/news/national/uncertainty-over-triple-talaq-bill-in-rajya-sabha/article22353730.ece

Uncertainty over triple talaq Bill in Rajya Sabha
SPECIAL CORRESPONDENT NEW DELHI,  JANUARY 02, 2018 21:59 IST
UPDATED: JANUARY 02, 2018 22:00 IST
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Senior Congress leader Ghulam Nabi Azad speaks in the Rajya Sabha in New
Delhi on Tuesday.
Senior Congress leader Ghulam Nabi Azad speaks in the Rajya Sabha in New
Delhi on Tuesday.   | Photo Credit: PTI/ TV GRAB

MORE-IN
Parliament proceedings
Govt. has rejected demands from Opposition and NDA allies for review by a
select committee
The government has rejected the Opposition’s demand to send the
controversial triple talaq legislation criminalising instant triple talaq,
or talaq-e-biddat, to a select committee.

The Lok Sabha had cleared the ‘Muslim Women (Protection of Rights on
Marriage) Bill on December 28. It will be tabled in the Rajya Sabha on
Wednesday and four hours have been allotted for a debate. The Opposition
however, has the requisite numbers to refer the Bill to a select committee.

On Tuesday at 4 p.m., the Business Advisory Committee, which has members
from all parties and allocates time to debate various legislations in
Parliament, met. According to sources at the meeting, Congress leaders
Ghulam Nabi Azad and Anand Sharma pressed to send the legislation to a
select committee.

The party has vocally opposed the “criminalisation” clause in the Bill. It
is, however, treading cautiously to avoid taking a position against what is
seen as a Bill that favours Muslim women.

It is learnt that when the government discussed the time allocation for the
debate on the talaq legislation, Mr. Azad vociferously protested, saying
that the Bill must be sent to a select committee instead of discussing the
duration of debate. Finance Minister Arun Jaitley, Parliamentary Affairs
Minister Ananth Kumar, his deputy Vijay Goel and senior MP Bhupender Yadav
repesented the government at the meeting.

Trinamool tightrope
Interestingly, members of the Trinamool Congress, who have been ambivalent
on the legislation, backed the demand for referring the Bill to a committee
as it needed fine tuning. The party was represented by MP Derek O’ Brien.
The Trinamool had not participated in the debate in Lok Sabha.

“At least 30% of the voters in West Bengal are Muslims. There is a
perception that the Muslim women are for the Bill and the men are against
it. So we have to walk a fine line here,” a Trinamool MP said, explaining
the party’s dilemma.

In a break, NDA ally Telugu Desam Party also supported the Opposition and
asked the government to send the legislation for further deliberations. The
other political parties including the AIADMK, DMK, BJD, NCP, RJD, SP and
the BSP have already made their stance against the “criminality” clause
clear.

‘No further delay’
The government, meanwhile, is adamant that the Bill be passed in its
current format without delay. “We are having continuous talks with the
Opposition parties, including the Congress. We have told the Congress that
since they have not pressed for any amendments in the Lok Sabha, they
should do the same in Rajya Sabha,” Parliamentary Affairs Minister Ananth
Kumar said.

For now the fate of the Bill remains uncertain. “We will get to know only
tomorrow (Wednesday) morning if the government has had a change of heart
considering the unanimous demand from the Opposition to examine the Bill
further,” one of the MPs said.


---------- Forwarded message ----------
From: Sukla Sen <[email protected]>
Date: 2 January 2018 at 17:16
Subject: 'On Triple Talaq Bill, A Battle Of Nerves Between BJP And
Congress': Tabling of the Bill in the Rajya Sabha Deferred to Tomorrow
To: foil-l <[email protected]>



[<<(The Bill) was listed to be introduced in the Rajya Sabha today, but
will only be taken up tomorrow now as ruling party BJP attempts to build
consensus on passing it in the Upper House, where it is in a minority. The
Lok Sabha passed the bill last week.
Several parties including the Congress, the Left and the two big players
from Tamil Nadu, AIADMK and the DMK, favour sending the bill to a
Parliament panel called the select committee to review the bill and nuance
some provisions that opposition leaders say could end up hurting the
interest of Muslim women rather than helping them.
...
Opposition parties met this morning to decide their plan in the Rajya Sabha
on the bill, which was passed smoothly last Thursday by the Lok Sabha,
where the government has a clear majority. There were only muted protests
from opposition parties which put their reservations on record but did not
really push for amendments.
...
In the Rajya Sabha, however, the opposition also has on its side this time
parties like the AIADMK and Biju Janata Dal, which usually help the BJP-led
government pass key legislation in the upper house. Both parties have said
they would like a review of the "Triple Talaq" bill.
...
The Congress Party, which had repeatedly urged the government to refer the
bill to a standing committee for review before passing the bill in the Lok
Sabha, has been been careful to underline that it strongly backs any move
to abolish the "Triple Talaq", but wants provisions to be strengthened to
effectively safeguard the interests of women.

The Congress and several parties have opposed a provision for a three-year
jail term in the bill for a Muslim man who says "talaq" thrice to divorce
his wife; they argue that if a man who abandons his family goes to jail, he
will not be able to provide for them. There are also concerns that if the
law is passed, it would give anyone the right to complain to the police
about the "Triple Talaq" to register a case and arrest the man.>>

The deferment keeps alive the highly desirable possibility of the Bill
being referred to the Select Committee.
(The Bill, btw, has been piloted by the Law and Justice Minister.
If gender justice had been the goal, it should have had been the charge of
the  Women & Child Development Minister, who, incidentally, was not even a
member of the  ministerial committee that drew up the Bill.)
In such an event, the Committee must arrange for wider consultations.
Especially with the Muslim women's groups fighting for abolition of instant
triple talaq.
The suggestions received should be reconciled, as far as possible, and
these are to be taken on board before legislating.

There's no bonafide ground for any tearing hurry.
The Supreme Court, at the behest of the aggrieved Muslim women, has already
adjudged instant triple talaq to be void.
So, even after instant triple talaq a Muslim marriage does no longer stand
dissolved.
Any incident of instant triple talaq, in the meanwhile, should be dealt
with under the Domestic Violence Act.

Maybe, the BJP would defer tabling the Bill till it can cobble up a
majority in favour of the Bill in the current form so as to dodge scrutiny
by a parliamentary panel and wider consultations with the legitimate
stakeholders.
One has to keep one's fingers crossed.]

https://www.ndtv.com/india-news/triple-talaq-bill-in-rajya-sabha-tomorrow-
government-tries-for-consensus-1794726

On Triple Talaq Bill, A Battle Of Nerves Between BJP And Congress
The government is determined to pass the "Triple Talaq' bill in the winter
session. Opposition parties met this morning to decide their plan in the
Rajya Sabha on the bill, which was passed smoothly last Thursday by the Lok
Sabha, where the government has a clear majority.
All India | Reported by Sunetra Choudhury, Sunil Prabhu, Edited by Shylaja
Varma | Updated: January 02, 2018 14:08 IST
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On Triple Talaq Bill, A Battle Of Nerves Between BJP And Congress
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The bill proposes three-year jail with no scope for bail for practising
"Triple Talaq".

NEW DELHI:  The landmark bill which makes instant "Triple Talaq" a criminal
offence and proposes a three-year jail term, was listed to be introduced in
the Rajya Sabha today, but will only be taken up tomorrow now as ruling
party BJP attempts to build consensus on passing it in the Upper House,
where the government is in a minority. The Lok Sabha passed the bill last
week, but it must be passed by both houses to become law. A battle of
nerves is on.

Several parties including the Congress, the Left and the two big players
from Tamil Nadu, AIADMK and the DMK, favour sending the bill to a
Parliament panel called the select committee to review the bill and nuance
some provisions that opposition leaders say could end up hurting the
interest of Muslim women rather than helping them.

The government, which says the bill is "for the sisters of the Muslim
community, for the dignity of women, gender equality," is determined to
pass the bill in the winter session, of which three days remain after today.

Union Minister Mukhtar Abbas Naqvi attacked the Congress this morning for
what he called its "confused" stand. "These days a number of reforms are
being brought in. The Triple Talaq Bill is one of them...The Congress takes
one step forward and then 10 steps back. The party is confused on Triple
Talaq," the Minority Affairs Minister said, adding, "Muslim women are
happy, but I don't know why the Congress is sad."

Opposition parties met this morning to decide their plan in the Rajya Sabha
on the bill, which was passed smoothly last Thursday by the Lok Sabha,
where the government has a clear majority. There were only muted protests
from opposition parties which put their reservations on record but did not
really push for amendments.

The government has been hoping that projecting the Muslim Women Protection
of Rights in Marriage Bill 2017 as an instrument that restores the dignity
of Muslim women will discourage parties such as the Congress from raising a
full-throated objection in the Rajya Sabha too.

In the Rajya Sabha, however, the opposition also has on its side this time
parties like the AIADMK and Biju Janata Dal, which usually help the BJP-led
government pass key legislation in the upper house. Both parties have said
they would like a review of the "Triple Talaq" bill.

Sources in Mamata Banerjee's Trinamool Congress said the party will oppose
the bill in the Rajya Sabha over the "criminalisation clause." The party
did not oppose it in the Lok Sabha because it knew the bill would be passed
anyway given the government's superior numbers, the sources said.

The Congress Party, which had repeatedly urged the government to refer the
bill to a standing committee for review before passing the bill in the Lok
Sabha, has been been careful to underline that it strongly backs any move
to abolish the "Triple Talaq", but wants provisions to be strengthened to
effectively safeguard the interests of women.

The Congress and several parties have opposed a provision for a three-year
jail term in the bill for a Muslim man who says "talaq" thrice to divorce
his wife; they argue that if a man who abandons his family goes to jail, he
will not be able to provide for them. There are also concerns that if the
law is passed, it would give anyone the right to complain to the police
about the "Triple Talaq" to register a case and arrest the man.



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