New Delhi, Dec 28: While welcoming the Bill to ban instant triple talaq, introduced by Law
Minister Ravi Shankar Prasad in the Lok Sabha, the Congress, however, called
for further strengthening it to ensure the security of Muslim women.
Talking to reporters here, AICC media incharge
Randeep Surjewala and AICC spokesperson Sushmita Deb said while the Congress welcomes the Bill to ban
instant triple talaq, the law needed to be further strengthened.
'The Congress fully supports the Bill to ban instant triple talaq of women. However, we believe that as the various women’s organisations have said, the law needs to be further strengthened.
'Women’s organisations have said the various lacunae in the Bill needs to be filled to make it a fully efficacious Bill in the direction of empowerment of women,’’ Mr Surjewala said.
In this context, Mr Surjewala said while section 5 of the Bill provides to a subsistence allowance for women who are victims of triple talaq, it does not specify the nature of this subsistence.
'Section 5 of this Bill provides for subsistence for women victims of triple talaq. However, it has not been defined in the Bill as to how much percentage of the husband’s income will constitute the subsistence allowance.
We feel that this needs to be defined in the interest of women security,’’ Mr Surjewala added.
Pointing out that Sections 3 and 4 of the Muslim Women Protection (rights of divorcee) Act, 1986 made a provision of maintenance for Muslim women, Mr Surjewala said, 'the present Bill does not mention whether a woman, on getting the subsistence allowance, will be deprived of the maintenance allowance under the 1986 law. This should be made clear in the Bill so that women who are getting maintenance under section 3 and 4 of the 1986 law are not deprived of it.'
Mr Surjewala said the present law puts the onus of proving triple talaq on women which meant that they would have to knock the doors of courts for years to prove it.
'Why not put the onus of proving triple talaq on men. This will help to make the law strong,’’he said.
Pointing out that the present law provides for three years imprisonment to the guilty persons, Mr Surjewala said,'it needs to be considered as to what will happen to the allowances and the maintenance provided to women under the Bill if the person who has to give it goes to Jail. In that eventuality, who will be responsible for giving that money to women.
'It needs to be specified whether in case the man goes to jail, his wife will get a claim on his property. The present law does not make any provision in this regard. Also, provision needs to be made to provide compensation to women in case their husband who has been sent to jail does not have any property. All these aspects need to be considered in the Bill.’’
Law Minister Ravi Shankar Prasad introduced the Bill in the Lok Sabha on Thursday. UNI
'The Congress fully supports the Bill to ban instant triple talaq of women. However, we believe that as the various women’s organisations have said, the law needs to be further strengthened.
'Women’s organisations have said the various lacunae in the Bill needs to be filled to make it a fully efficacious Bill in the direction of empowerment of women,’’ Mr Surjewala said.
In this context, Mr Surjewala said while section 5 of the Bill provides to a subsistence allowance for women who are victims of triple talaq, it does not specify the nature of this subsistence.
'Section 5 of this Bill provides for subsistence for women victims of triple talaq. However, it has not been defined in the Bill as to how much percentage of the husband’s income will constitute the subsistence allowance.
We feel that this needs to be defined in the interest of women security,’’ Mr Surjewala added.
Pointing out that Sections 3 and 4 of the Muslim Women Protection (rights of divorcee) Act, 1986 made a provision of maintenance for Muslim women, Mr Surjewala said, 'the present Bill does not mention whether a woman, on getting the subsistence allowance, will be deprived of the maintenance allowance under the 1986 law. This should be made clear in the Bill so that women who are getting maintenance under section 3 and 4 of the 1986 law are not deprived of it.'
Mr Surjewala said the present law puts the onus of proving triple talaq on women which meant that they would have to knock the doors of courts for years to prove it.
'Why not put the onus of proving triple talaq on men. This will help to make the law strong,’’he said.
Pointing out that the present law provides for three years imprisonment to the guilty persons, Mr Surjewala said,'it needs to be considered as to what will happen to the allowances and the maintenance provided to women under the Bill if the person who has to give it goes to Jail. In that eventuality, who will be responsible for giving that money to women.
'It needs to be specified whether in case the man goes to jail, his wife will get a claim on his property. The present law does not make any provision in this regard. Also, provision needs to be made to provide compensation to women in case their husband who has been sent to jail does not have any property. All these aspects need to be considered in the Bill.’’
Law Minister Ravi Shankar Prasad introduced the Bill in the Lok Sabha on Thursday. UNI
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