BJP on bill-mode

 Buoyed by its landslide victory in the 2019 Lok Sabha election, the BJP with 302 MPs and with the support of a total of 352 MPs of the NDA, got to serious legislation by re-introducing the controversial and new triple talaq bill which will replace an ordinance issued in February this year by the previous NDA government. Divorce under Muslim personal laws was effected simply by pronouncing word ‘talaq’ thrice in one sitting by a Muslim man to his wife. Such a divorce was held irrevocable till the Supreme Court declared it unconstitutional. The government promulgated an ordinance on triple talaq in September 2018 and February 2019, as the contentious bill remained pending in the Rajya Sabha, though it was passed by the Lok Sabha. In Rajya Sabh, the BJP has only have 85 MPs, out of the 245 in the upper house. The lack of a majority in the upper house could prove to be a challenge for the government. Under the ordinance, divorcing through instant triple talaq is illegal, void and will attract a jail term of three years for the husband. The new bill is the same as the ordinance in force. The Bill, which proposes to make the practice of instant triple talaq (talaq-e-biddat) a penal offence, had faced objections from the opposition parties which claimed that jail term for a man for divorcing his wife was legally untenable. Though the BJP enjoys an overwhelming majority in the lower house, it faces some problems when members of the NDA such as the Janata Dal (United) and the All India Anna Dravida Munnetra Kazhagam (AIADMK) , made known their opposition to the controversial bill. Understandably, the Congress has also opposed the bill in its current form. According to Congress leader Shashi Tharoor, the bill does nothing to improve the status of Muslim women. He said it only punishes Muslim men, but does nothing to protect Muslim women. All India Majlis-e-Itehadul Muslimeen(AIMIM) leader and MP Asaduddin Owaisi described the Triple talaq bill as unconstitutional. He said the bill was a violation of Constitution’s Article 14 and 15. Arguing against the bill, he pointed out that there were already laws such as – Domestic Violence Act 2005, CrPC Section 125, Muslim Women Marriage Act. He said if Triple talaq bill becomes a law, it will be even greater injustice against women. He asked who would give allowance if a man gets arrested under the bill. Owaisi also pointed out that under the bill, a Muslim man will get three years sentence while the marriage remained intact but a non-Muslim man gets jailed only for one year. The Triple Talaq bill is seen to be a precursor for subsequent legislations of the Modi government. Besides revoking Article 370 for a one nation, one law, the BJP had also promised to legislate the Uniform civil code in its 2019 election manifesto, to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. Although Article 44 of the Indian Constitution guarantees UCC to all citizens, the debate arose when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions. If UCC is passed, then it will definitely impact practises of other religious minorities.