After failing to get the Triple Talaq Bill passed in the Rajya Sabha, the government is planning to take the ordinance route to criminalise "talaq-e-biddat," the practice of instant triple talaq among Muslims.
According to a report by the Times of India, ordinance is one of the many options the government is considering. The other option under consideration is convening a joint session of Parliament during the budget session to get the legislation passed.
National Democratic Alliance (NDA), the ruling alliance led by the BJP, does not have enough numbers in the Upper House of the Parliament. While in Lok Sabha, the NDA has a brute majority.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, which criminalises instant talaq and provides for up to three years of imprisonment for accused Muslim men, was passed in Lok Sabha without much opposition with even the Congress part supporting the legislation.
A united opposition, however, stalled it in the Rajya Sabha with the Congress moving a motion that the bill should be sent to a select committee for further scrutiny, a move strongly opposed by the treasury benches.
Treasury benches had also cited a Supreme Court order, which had invalidated the practice of triple talaq, to push for a law to criminalise the practice. Law Minister Ravi Shankar Prasad had told the Lok Sabha that the practice of instant triple talaq has continued despite the apex court's order, making it imperative for the government to bring a law.
Besides a united opposition, the government faced protests from NDA ally TDP which expressed reservations over criminal provisions in the draft law.
