A new bill to ban the practice of Triple Talaq was tabled in the Lok Sabha after it got a nod from the Union Cabinet on June 21. However, the proposed bill that makes the practice of instant Triple Talaq a penal offence for Muslim men was opposed by the Opposition parties, including the AIMIM chief, Asaduddin Owaisi.
He further stated that the government is 'not in favour of the Muslim women' but are putting the burden on them, further questioned why the government is favouring Muslim women but not the Hindu women in Kerala, citing Sabarimala Temple case.
Pointing out how the bill violates different Articles of the Constitution, Owaisi stated three points to justify his resistance-
He said, "This is a violation of Article 14 and 15. The Supreme Court has given a justification that Triple Talaq is void, that means the marriage does not get over and we have made the laws- Domestic Violence Act, 498 IPC, 125 crpc, and Muslim Women Protection Act 1986. So because of this, your bill does not satisfy intelligible differentia.
"Secondly, this classification not in any way linked to the purported objective of the bill. Third point, if a non-Muslim husband has wronged he will get one year of punishment, but a Muslim man will get three years. Isn't it a violation of Article 14 and 15? Lastly, why is this bill going against the Constitution? You're not in the favour of women, you are putting the burden of proof on women, (if a man) stays in jail for 3 years, who will give the maintenance? You will give maintenance? Why do you love Muslim women so much, why not the Hindu women in Kerala? Why are you against the judgement of Sabarimala? This is wrong," he added.
The Supreme Court has ruled instant 'Triple Talaq' as unconstitutional following which the previous government introduced a bill to make it a criminal offense. But the bill could not be passed in Parliament in the wake of stiff resistance from the Opposition. The government brought an ordinance to implement the Supreme Court order.
Under instant 'triple talaq', a Muslim man can divorce his wife by uttering 'talaq' three times in one go.