Triple Talaq bill: An opportunity wasted by BJP

Economic Times | Page 9 | Dec 30, 2017

• In August of this year, when the Supreme Court decided against the validity of instant triple talaq, the government was blessed with an historic opportunity: to define the parameters of a clear and effective law that would secure justice for the victims who had fought for it. 
• The bill in its current form was a rushed attempt to make a point and it is evident from the drafting. Seven sections (including the title), make up the entirety of the two-page law.
• Upon reviewing the bill, this is an opportunity lost by BJP.
• Rhetorical commandments kept aside, bill is silent on the details of their enforcement. 
• While Congress supported the idea in principle, the copy of the bill elicited surprise as it confined itself to prescribing only punishment of three years for violators and a subsistence allowance for women.
• BJP was not open to consultations but opposed any changes and attacked every amendment as a personal insult. The government conceded no consultation have taken place.
• Given the process of enforcing that penalty is so cumbersome and painful for the victim, does the bill achieve its objective?
• The complaining woman has to undergo indignities of having to prove her charge (to the high degree required in criminal law) before the police or the magistrate.
• The Bill provides for a subsistence allowance but fails to define whether the same is an amount in addition to maintenance or is it a part thereof. The BJP refused to acknowledge, let alone answer these questions.
• The law minister without addressing the concerns raised, launched attack into a prepared speech on the historical significance of the proposed law.
• The government could have ensured greater financial security for Muslim women in the new law instead of the conflicting sections. But making effective laws is neither this government’s strength or priority.
• The bill is passed by Lok Sabha and will come for Raj Sabha's passage. In RS, BJP don't have majority and they need Congress support for passage. If the bill is passed with Congress support, Modi will become champion of Muslim women's cause, first time in India. If Congress ensures defeat or stalling of the bill, Congress will be seen as enemy by Muslim women. Either way Modi wins! 
• It is a 'gullible Muslim women' vote winning strategy by rogue Modi without any depth in the welfare of Muslim women. 
• Modi is trying to hang on power by harping on short public memory but his stars are not good since all his adventures have boomeranged during past two years except winning elections..

This bill doesn't specify what it will do if a Muslim man resorts to abandoning wife without saying 'triple talaq'. Now 'triple talaq' might get reduced but abandoning will increase outside the law.

It doesn't require any sense or common sense to conclude that Modi's eyes were in getting political mileage by converting Muslim women as his 'bhakts' by pretending as their saviour without doing anything. This law is neither enforceable nor serves any intended purpose. Modi's eyes are on the eight state elections in 2018 and general elections 2019 and this bill will enable Muslim women vote (~7%) for him. Afterwards, if they go to hell, it is no concern of his.

Even though out of context ... Talaq is not a criminal act by any stretch of imagination. And arrest without evidence and 3 years prison liability is in violation of fundamental rights. Wife abandoning is much more severe than 'Talaq'. Modi has not only committed that offence but also used his PM position to block his wife's passport application cruelly. Even as CM of Gujarat he created panic and terror to his wife while she was serving as teacher.