Hailing the passage of the Triple Talaq Bill by both parliamentary houses, BJP leader Subramanian Swamy, on Tuesday, took to Twitter to state that a national renaissance was happening with people from both religions -Hinduism and Islam have finally accepted Male-Female constitutional equality, vowing to take the fight to Uniform Civil Code next.
As mentioned in Article 44 of the Indian Constitution, Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of major religious community in the nation with a common set governing every citizen.
The article states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
Earlier in the day, in a historic move, the Muslim Woman (Protection of Rights on Marriage) Bill, 2019 or the contentious Triple Talaq Bill has been passed in the Rajya Sabha by 99-84 votes. Despite the demand of Opposition parties, the Rajya Sabha rejected the motion to send Triple Talaq Bill to a select panel by 100-84 votes.
The Law Minister moved the triple talaq bill in the Rajya Sabha on Tuesday for passage after the Lok Sabha passed the Bill last week for the second time. Prior to that, the Bill had been passed in the Lok Sabha on December 2017, during the first tenure of the Modi government.
The Bill which makes the practice of instant triple talaq (talaq-e-biddat) a penal offence, was opposed by opposition parties which claimed that jail term for the husband for divorcing his wife was legally untenable. The government had promulgated the ordinance on triple talaq twice.
Under the Muslim Women (Protection of Rights on Marriage) Bill, 2019, divorcing through instant Triple Talaq will be illegal, void and would attract 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.