In RS, all eyes on JD(U) as Opposition seeks to refer triple talaq Bill to Select Committee

Numbers in the Upper House are delicately poised. The NDA, minus JD(U) and with the support of BJD, Independents and others, has the support of 109 members for the legislation while the Opposition tally is 108. So, the fate of the Bill now depends on what position three parties take — the JD(U) and TRS with six seats each and the YSR Congress Party with two.

The Opposition’s hopes rest particularly on the JD(U) that has made its discomfort with the Bill very apparent.

Bihar Chief Minister and party chief Nitish Kumar has said criminalisation of instant divorce will not serve the interests of Muslim women.

The party has also issued a statement on Uniform Civil Code, without mentioning the contentious Bill. “Janata Dal(U) reiterates its previous stand on Uniform Civil Code. Ours is a nation based on a delicate balance in respect of laws and governing principles for different religions and ethnic groups. We must not impose any view without obtaining substantive consultations,” its spokesperson K C Tyagi had said in the statement.

Taking off from the Supreme Court verdict of 2017 that made instant triple talaq illegal, the Law Ministry moved the Bill that proposes to make the practice a criminal offence punishable by a three-year jail term. The Bill was passed by Lok Sabha but failed to get past a united Opposition in Rajya Sabha.

In 2018, when the Bill was introduced in Rajya Sabha, the Opposition moved for a Select Committee reference but the House was adjourned before voting could take place.

If the JD(U) votes against the Bill and either TRS or YSRCP chooses to abstain, it will be a boost for the Opposition’s strategy to send the Bill for legislative scrutiny. On the other hand, if the NDA ally chooses to refrain from voting or the government manages to convince TRS or YSRCP or both to vote for the Bill, the legislation that has been hanging fire for more than two years now may finally become a law.