DNA Edit: Round 1 to BJP

There are none so blind as those who will not see. That seems to be the case with a number of parties who are opposing the passing of the Muslim Women (Protection of Rights on Marriage) Bill, 2017, which includes the likes of RJD, AIMIM, BJD and All India Muslim League.

Many have argued that the bill criminalises what is essentially an aspect of a civilian contract. However, contrary to their understanding, a number of countries under the rubric of Islam have laws that criminalise an illegal divorce, essentially all forms of instant divorce.

In Pakistan as well as Bangladesh, triple talaq is not only outlawed but also punishable with imprisonment ranging from a year and above. Be it Egypt or Tunisia, no Muslim man is allowed to get away with pronouncing an oral triple talaq without an attendant penal liability being visited upon him.

At a time when a majority of Muslim theocratic states have banned this practice, it does not stand to reason that India, with a Constitution that professes a secular lineage, continues to abide by this custom. However, a strong section of the Opposition is viewing BJP’s piloting of the bill as a bid to erode the discretion that Muslim organisations draw from the body of Muslim personal laws in India.

This is because political parties have shown themselves to be disinclined or uninterested in understanding the evolution of this bill. As Law Minister Ravi Shankar Prasad indicated in Parliament that till very recently Muslim women — especially those living in UP — aggrieved by such a malpractice would approach the local police stations, seeking to file complaints against such sudden ouster from marriage.

However, local police would be at sea for want of a concrete law. Gradually, the groundswell of complaints reached the law minister’s office and now PM Modi, bolstered by the SC judgement, is steering his government to come to the aid of married Muslim women. An act informed with political courage is being spun as a conspiracy, while questions that should have been raised on the legacy of Shah Bano were conveniently given a miss by the Opposition.

However, Congress seems to have learnt from the error of its ways. Post Gujarat elections, Congress has dialled back on presenting itself as openly appeasing the Muslim community. This explains the rather nuanced stance that the party has taken on the bill. The Congress wants the bill to be reviewed by the Standing Committee to weed out the shortcomings.

Now that the bill has been passed in the Lok Sabha, the focus shifts to guiding the bill through Rajya Sabha. Unlike the Lok Sabha, the Congress is equally matched with the BJP in the RS — both have 57 members. The Opposition will have higher chances of pushing their amendments in the Upper House. Unless the BJP pulls out an ace from its sleeves, the Congress would possibly succeed in amending the bill.