Home Minister Amit Shah gave a befitting reply to All India Majlis-e-Ittehadul Muslimeen's (AIMIM) president Asaduddin Owaisi's arguments opposing the passage of the Bill that made Triple Talaq a criminal offense while speaking on 'Abolition of Triple Talaq: Correcting a Historic Wrong' at an event organised by the Syama Prasad Mookerjee Research Foundation. Citing the example of how social evils belonging to other religions such as sati and child marriage were banned and criminal provisions had been a part of the law, Amit Shah said that it was necessary for the society to change with time and that equality should be available to everyone in the country.
The AIMIM chief had earlier made his arguments against the passage of the Triple Talaq Bill stating that the government was interfering in a civil contract under the Muslim Personal Law that bound the marriage and questioned the involvement of criminal provisions in a civil suit. He had also tweeted that the Triple Talaq Bill "should be seen only as one part of many attacks on Muslim identity & citizenship since 2014". Home Minister Amit Shah responded to Owaisi's arguments and said that every social evil in the country had been done away with and had criminal provisions attached to it to warn the people and prevent them from committing the act.
Home Minister Amit Shah cited the example of how child marriage was made a criminal offense and that not only the mother and father involved in the social evil but also the priest involved in the consummation will be punished for the act committed.
''Sati and dowry are Hindu practices. Me being a Hindu and the rest of the people had not raised any objections when they were criminalized. This is because all of us know how these evils can hinder the progress of society. Why should we let our Muslim sisters and mothers suffer from unequal treatment?'', Amit Shah said.
Under the Muslim Women (Protection of Rights on Marriage) Bill, 2019, divorcing through instant Triple Talaq will be illegal, void and would garner a jail term of three years for the husband. While the bill makes triple talaq a "non-bailable" offense, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by police at the police station itself.
Supreme Court set aside the practice of instant divorce on August 22, 2017, calling the act 'unconstitutional' in a number of cases.
The Apex Court judges cited the practice to be a violation of Article 14 and Article 21, that speaks of equality, and protection of life and personal liberty respectively.