NEW DELHI: The Congress party on Thursday said it would scrap triple talaq bill if voted to power in the upcoming Lok Sabha elections, due in April-May. While addressing the AICC minorities convention, of which Congress President Rahul Gandhi was also a part, party MP Sushmita Dev said the focus of the Muslim Women (Protection of Rights on Marriage) Bill, 2018, commonly known as the triple talaq Bill, was not to empower Muslim women but to penalise Muslim men.


"We opposed the triple talaq bill because it's a weapon prepared by the Narendra Modi government to send Muslim men to jails," Dev, who is also the chief of the All India Mahila Congress, said.

"I promise that the Congress party will come to power in 2019 and will scrap the triple talaq law. This is my promise to you," she further said.

The the contentious bill was passed by the Lower House with 245 voting in favour and 11 opposing the legislation  but faced roadblocks in the Rajya Sabha with the Opposition demanding that it should be sent to a select committee.

The Bill to make the practice of triple talaq among Muslims a penal offence was introduced in Lok Sabha on December 17 last year to replace an ordinance issued in September. Under the proposed law, giving instant triple talaq will be illegal and void, and will attract a jail term of three years for the husband.

While the proposed law will remain "non-bailable'', the accused can approach a magistrate even before trial to seek bail. Under a non-bailable law, bail cannot be granted by police at the police station itself. A provision has been added to allow the magistrate to grant bail 'after hearing the wife'.

The magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill. The quantum of compensation will be decided by the magistrate, as per the bill.

The police would lodge an FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of marriage. Neighbours and others cannot lodge a complaint under the proposed law.

The offence of instant triple talaq will be 'compoundable'. Now, a magistrate can use his powers to settle the dispute between a husband and his wife. This will happen only when the wife approaches the court.

Under a compoundable offence, both parties have the liberty of withdrawing the case. The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking 'subsistence allowance' for herself and minor children. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.