BJP members outside the House.

United Opp stalls govt’s triple talaq bill in Rajya Sabha; BJP forces adjournment

Parliament cannot be a rubber stamp of the government: Congress

Agency Report | New Delhi | 3 January, 2018 | 10:20 PM

A united opposition in a face-off with the government over the triple talaq bill in the Rajya Sabha stalled a debate on it insisting that it should be sent to a select panel, as the ruling BJP strongly sought its expeditious passage to stop the unlawful practice.

The ruling BJP on Wednesday forced an unprecedented adjournment in the Rajya Sabha as the opposition pressed for the triple talaq Bill to be sent to a Select Committee of the House for closer scrutiny.

Law Minister Ravi Shankar Prasad introduced the Muslim Women (Protection of Rights on Marriage) Bill, known as the triple talaq bill, in the House amid protests from the opposition which sought a discussion over the anti-Dalit violence in Koregaon-Bhima in Maharashtra.

Both Prasad and Finance Minister Arun Jaitley accused the opposition of creating a ruckus to avoid tabling the triple talaq bill, a charge vehemently denied by Leader of Opposition Ghulam Nabi Azad.

As soon as the Bill was moved, Trinamool Congress’ Sukhendu Sekhar Roy brought Rule 125 to the Chair’s notice that confers the MPs with the power to recommend referring a Bill to a Select Committee.

The opposition tried to prevent Prasad from giving a statement on the proposed legislation which has provisions to jail Muslim men who give instant divorce by uttering ‘talaq’ thrice.

Congress leader Anand Sharma moved an amendment that read: “This House being strongly committed to women empowerment and women’s rights refers the Muslim Women (Protection of Rights on Marriage) Bill, 2017 as passed by the Lok Sabha to a Select Committee of the Rajya Sabha for parliamentary scrutiny and to ensure complete justice to women and safeguarding their interest and welfare.”

He said the Committee would submit its report in the first week of the Budget session.

Sharma proposed 17 names of members from different opposition parties including the Congress, AIADMK, TMC, SP, DMK, BSP, NCP, CPI-M, TDP, BJD, CPI, RJD, IUML and JMM apart from that of nominated member K.T.S. Tulsi, adding that the government could give its names.

Jaitley objected to the motion saying the opposition had “sprung a surprise” by suddenly moving this amendment without giving a proper notice at least 24 hours in advance as required by the rules.

Arguing against referring the Bill to a Select Committee, Jaitley said: “The Supreme Court declared the practice of triple talaq as unconstitutional. Two of the (five) judges suspended the practice of triple talaq for six months, beseeching the political parties to make a law to ban triple talaq.

“Now, the six months period of suspension would end on February 22 and there is an urgency to pass this bill,” Jaitley said.

Kapil Sibal of the Congress, who appeared in the case on behalf of the Muslim Personal Law Board, clarified that the suspension was a minority ruling and hence was not binding and there was no hurry to rush with the legislation.

A visibly agitated Derek O’Brien of Trinamool raised his voice: “We all want this bill, but this bill is faulty. Who have you consulted (before drafting the bill)? We don’t want to pass a faulty bill.”

As the treasury benches accused the Congress of opposing the bill for the sake of minority votes, Sharma said that if the government was sincere about women’s rights, it should bring the women reservation bill at the earliest.

“Parliament cannot be a rubber stamp of the government,” Sharma said.

Samajwadi Party leader Naresh Agrawal contended that the Constitution visualised a bi-cameral Parliament for the very purpose that “if one House errs, the other House rectifies it”.

“Sir, in a democracy majority opinion prevails. Let’s have a division of votes on the issue,” Azad told the Chair amid ruckus by the treasury benches.

BJP members who were already on their feet started shouting and came into the aisles.

Deputy Chairman P.J. Kurien, expressing his inability to proceed with the division of votes amidst the din, adjourned the House for the day.

The BJP and its allies are in a minority in the Rajya Sabha and the result of a division of votes is a foregone conclusion.
Finance Minister Arun Jaitley attacked the Congress and some other opposition parties for opposing criminalisation of instant triple talaq, saying they had not raised objections when punishment was provided in laws relating to marriages of Hindus, Sikhs and Christians.

Sources said Jaitley, speaking at the BJP parliamentary party meeting on triple talaq bill, accused Congress of double standards.

Meanwhile, Union Minority Affairs Minister Mukhtar Abbas Naqvi told the meeting that there is “disinformation campaign” against the Narendra Modi government by opposition including Congress on its initiatives concerning Muslims as they saw it as a threat to their “vote bank” politics.

Jaitley, in his remarks, said Left members and activists had opposed suggestions to make offences under domestic violence Act “bailable” but were now against punishment in the triple talaq bill.

Sources said Jaitley told the meeting that when laws pertaining to marriages of Hindus, Sikhs and Christians were framed, there was no opposition to provisions of punishment but suddenly it was being opposed in the bill pertaining to Muslims.

He accused Congress of coming under pressure of Left and other parties in the Rajya Sabha after supporting the bill in Lok Sabha.

“They (the opposition) do not want a debate and are finding issues to stall the house,” he said.

Modi and Bharatiya Janata Party (BJP) President Amit Shah were present at the meeting.

Naqvi, in his remarks, said that the Haj quota of Indians had gone down by about 25,000 during the rule of Congress-led UPA but had increased by about 36,000 during the BJP-led government.

The agreement for the increase in Haj quota was signed in January last year. Naqvi said that visit of Prime Minister Modi to Saudi Arabia in 2016 had added new dimensions to the relationship between the two countries.

Naqvi also referred to the government’s move to allow Muslim women to perform Haj without a male guardian.

The BJP had issued a whip to its members to ensure their presence during a discussion on the bill concerning constitutional status to the National Commission on Backward Classes (NCBC) and also the triple talaq bill.

Social Justice and Empowerment Minister Thawar Chand Gehlot briefed MPs on the Constitution (123rd Amendment) Bill, 2017 which seeks to grant constitutional status to the National Commission on Backward Classes (NCBC).

The Rajya Sabha had made some amendments to the NCBC bill after it was passed by the Lok Sabha. The government is now seeking to delete these amendments. (IANS)