AIADMK on triple talaq bill: ‘Unconstitutional, illegal… can’t stand judicial scrutiny’

Read | Parliament passes triple talaq bill two years after Supreme Court struck down practice

AIADMK leader A Navaneethakrishnan began his speech by arguing that Parliament does not have the legislative competence “to entertain” the Bill, as Entry 5 of List-III of Seventh Schedule of the Constitution makes it clear that issues like marriage and divorce are subject to personal laws.

Besides, the Bill has retrospective effect. “I think no law can have retrospective effect,” he said. Questioning the penal provision in the Bill, he argued that Muslim marriage is a civil contract and breach of civil contract cannot be termed an offence.

“So, Clause 4 of the Bill cannot stand judicial scrutiny. Of course, our demand for scrutiny by a select committee was not accepted by the central government… What is an offence? An ‘offence’ is defined in the General Clauses Act, 1897… It says, ‘offence shall mean any act or omission made punishable by any law for the time being in force’,” he said.

Read | Medieval practice confined to dustbin of history: PM Modi on triple talaq bill passage

“Now, the Supreme Court has held that the practice of triple talaq is not permitted in Muslim law, not permitted in Quran. It is null and void and unconstitutional. There is no act called triple talaq — an act, which has been declared by the Supreme Court as null and void and unconstitutional. So, if an act is to be declared as an offence, it must be an act. There is no act. It is null and void. It is unconstitutional. It is not recognised. So, it is only an empty phrase. Merely because the Muslim husband pronounces triple talaq, it cannot have any adverse impact, any adverse consequences. It will not create law and order problem. It will not affect society,” he said.

Read | JD(U) on triple talaq: ‘Will not speak in favour of Bill, won’t support it… agree to disagree’

He said Parliament cannot declare instant triple talaq as an offence. He also questioned the provision which says a Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband in such manner as may be determined by the magistrate. “A magistrate cannot be entrusted with this kind of a decision… This Bill is the most important Bill touching upon the lives of the human beings. So, it must be referred to a select committee for deeper consideration…This Parliament has no jurisdiction, no legislative competence,” he said.