India’s parliament outlaws instant divorce for Muslims

Published July 31, 2019
Indian Muslim women walk in a market place in New Delhi, India on Tuesday. — AP
Indian Muslim women walk in a market place in New Delhi, India on Tuesday. — AP

NEW DELHI: Indian lawmakers on Tuesday approved a bill to end the Muslim practice of instant divorce two years after the Supreme Court ruled that it violated the constitutional rights of Muslim women.

Law Minister Ravi Shankar Prasad said the bill’s approval by the upper house of Parliament reflects the empowerment of women and India’s changing profile.

The more powerful lower house approved the bill last week. It will become law after India’s president approves it, which is a formality.

Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters. The law has included allowing Muslim men to divorce their wives by saying “Talaq”, the Arabic word for divorce, three times and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.

More than 20 countries, including Pakistan and Bangladesh, have banned the practice.

The 99-84 approval on Tuesday was a victory for Prime Minister Narendra Modi’s government. The opposition had blocked the bill for more than a year, as the ruling party lacked majority support in the upper house. A split in the opposition ranks helped the government cross the line.

Ghulam Nabi Azad, a Congress party leader, said the opposition parties were opposed to a clause providing a three-year jail term for a husband who divorced his wife in such a way, arguing that no other religion has such a punishment. The opposition also said the bill had no clarity on spousal support if men were jailed for an instant divorce.

Both houses of Parliament rejected the opposition stand and also refused to refer the bill to a parliamentary committee to consider those provisions.

Published in Dawn, July 31st, 2019

Opinion

Editorial

Military option
Updated 21 Nov, 2024

Military option

While restoring peace is essential, addressing Balochistan’s socioeconomic deprivation is equally important.
HIV/AIDS disaster
21 Nov, 2024

HIV/AIDS disaster

A TORTUROUS sense of déjà vu is attached to the latest health fiasco at Multan’s Nishtar Hospital. The largest...
Dubious pardon
21 Nov, 2024

Dubious pardon

IT is disturbing how a crime as grave as custodial death has culminated in an out-of-court ‘settlement’. The...
Islamabad protest
Updated 20 Nov, 2024

Islamabad protest

As Nov 24 draws nearer, both the PTI and the Islamabad administration must remain wary and keep within the limits of reason and the law.
PIA uncertainty
20 Nov, 2024

PIA uncertainty

THE failed attempt to privatise the national flag carrier late last month has led to a fierce debate around the...
T20 disappointment
20 Nov, 2024

T20 disappointment

AFTER experiencing the historic high of the One-day International series triumph against Australia, Pakistan came...