Tuesday January 22, 2019
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Triple Talaq Ban in India: Union Cabinet Passes Bill Making the Practice a Criminal Offence

The BMMA celebrates its victory over the much-debated practice of instant divorce

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Triple Talaq continues to plague lives of Muslim women, VOA News
Triple Talaq continues to plague lives of Muslim women, VOA News
  • Supreme court had ruled that the practice of triple talaq as illegal in August 2017.
  • On December 15, the Union Cabinet passed a bill which would make it a criminal offence
  • .The bill recommends a sentence of imprisonment for three years in case of a violation.
  • The bill also makes provisions for “subsistence allowance” for the women divorced through triple talaq.

On December 15, the Union Cabinet of India cleared a draft legislation, which would make the controversial practice of triple talaq a criminal offence in India, a violation of which may result in imprisonment for a period of three years for the husband. The recently approved bill, deemed as the ‘Muslim Women’s Protection of Rights on Marriage Bill’, was framed by a group of ministers including the External Affairs Minister Sushma Swaraj, the Finance Minister Arun Jaitley, and the Law Minister Ravi Shankar Prasad, and was headed by the Home Minister Rajnath Singh.

What is triple talaq

The practice of triple talaq, or talaq-e-biddat, is a Islamic ritual through which a man might divorce his wife by uttering the word ‘talaq’, that is, the Arabic word for ‘divorce’, three times. The controversial practice, which dates back to Islamic scriptures of the 8th century AD, was a common one among the Muslim population in India, often enacted through letters, emails, text messages, Skype and Whatsapp.

The Supreme Court of India bans the practice of triple talaq
The practice of triple talaq still continues, in spite of the ban, VOA News

Triple Talaq Ban

On August 22, 2017, the Supreme Court of India had banned the archaic practice of triple talaq, after a long and hard legal battle fought by the Bharatiya Muslim Mahila Andolan (BMMA), also known as the Indian Muslim Women’s Movement. “Triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat … What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well,” they had declared, making India the 23rd nation to ban the practice of unilateral divorce, after Pakistan, United Arab Emirates and Egypt. Many non-governmental Islamic organizations, along with certain clerics had opposed the verdict, on the grounds that it was an infringement of their right to religion, which is ensured by Article 25 of the Indian Constitution. The Supreme Court, however, had decided to uphold Article 14 of the Constitution, which grants every citizen equality before the law. The verdict had met with mixed reactions among the people of India, attracting applause as well as apprehension all over the country.

The Supreme Court of India bans the practice of triple talaq
Women can now demand subsistence allowance for themselves and minor children, VOA News

However, in spite of the Supreme Court verdict, there have been reports of instant divorces performed through the process of oral declaration, as many continued to ignore the various advisories issued by the government.
The new bill approved by the government also makes provisions for Muslim Women to demand “subsistence allowance” for herself and her minor children from her husband, in case she feels victimised by the now illegal practice of triple talaq.

 

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Opinion: It’s High Time That we Stop Objectifying Women

Sex is wonderful, beautiful, marvelous- but only when it is right! Sex can also be destructive, terrible and boring. Sex is what you make it, not what it makes you

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From flatcars to Xerox machines, bikes to baby food, sex is the common marketing tool with the covert sexual invitation- purchase me!

Sex today has been clubbed with the thought of pleasure. Our society is more inclined on the sensual. ‘Think about feeling good’, ‘Do as you desire’, ‘Let yourself go in the flow’, ‘It’s your life!’, ‘I will do what I like’, it’s a free country and I can do anything I like’. The individual centric, pleasure seeking philosophy in which ‘self’ is given the number one position in all areas of life.

Therefore, we are led into the search for physical excitement as the answer to our aching emptiness. Sex is delightful but it can’t be a philosophy driving our lives. Why is it that the highest compliment is to be sexy? How come so many people devote hours imagining about sex? Why is the reality so altered from sexual expectation? Where do all these sexual feelings come from? How can such obvious attitudes be avoided?

So many questions! Now more than before sex is at the uppermost of the agenda and people require to be speaking openly and justly with the demands that are upraised.

We talk or hear about predominantly of a friend of ours who had experimented early with casual sex. He’d narrate stories of what happened with all kinds of partners –and of course was mostly admired for his sexual capabilities. He had moved from ‘falling in love’ to ‘having sex’ and soared from one bed to the subsequent like some sex-overwrought butterfly.

The sexual notions validated in films and TV shows provide an inaccurate and fraudulent view which has become established as normal acceptable behavior. It is exceedingly destructive to only view sexual relationship as the height of romantic love.

Raymond Chandler notion about alcohol holds true of sex: ‘Alcohol is like love: the first kiss is magic, the second is intimate, the third is routine. After that, you just take the girl’s clothes off’.

Opinion: It’s high time that we stop objectifying women.

One of the properties of the sexual revolution has been the use of women in particular as objects for sexual manipulation.

Terrible proof of the casual and superficial attitudes to sex which treats women as objects with which to satisfy desire, as a collection of body parts, as some kind of mechanical device to please your sexual urges.

Sexual objectification involves viewing and treating another person’s body as an object valued based on its sexual appeal, usually to the neglect of other aspects of the person, such as their thoughts, feelings, and desires.

If we look at the world of advertising, a new type of woman has been created for consumption of desires of the society because this woman (created by the advertising world) has no wrinkles, blemishes, or scars, and her skin is totally perfect. Her eyes are splendidly bright and her bounteous breasts and buttocks are defying the ‘law of gravity’. Her teeth are white beyond imagination, flawlessly straight, and appear unreal. The problem is that it is very hard to find this woman in the real world as they do not really exist. She is the outcome of many hours spent in the make-up chair and days of photo renovating.

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Then we have Jadavpur University professor, Kanak Sarkar who compared a virgin woman to a “sealed bottle” on a Facebook post. In his post, Sarkar said, “Are you willing to buy a broken seal while purchasing a bottle of cold drink or a packet of biscuits? A girl is born sealed from birth until it is opened. A virgin girl means many things accompanied with values, culture, and sexual hygiene. To most boys, virgin wife is like angel.”

Though he has been taken off duties but he later said it was intended for “fun” among a group of friends on social media and “not for public consumption”.

Modern men are programmed to view women as sexual objects which has led in part to the way men view women as objects at work. The extent of this reappeared in the year 2017-2018 with the birth of the #MeToo and TimesUp movements birthed by sexual harassment claims made against Hollywood’s Harvey Weinstein when American actress Ashley Judd passed her story to key news agencies. We have to move away from typical images of perfection by accepting “Photoshop-free,” women and celebrate the real-diverse women around us.

Gender inequality, sexual objectification, and sexist attitudes should become a remnant of the past. The worth of an individual, to any extent or aspect, should not be determined by their physical being.

By Anurag Paul

Writer | Photographer | Conversationalist | ex- Press Trust of India (PTI) & NewsGram | Connect on Facebook- Anurag Paul, Instagram- anuragpaulm or Email- anuragpaulm@outlook.com

Sex is wonderful, beautiful, marvelous- but only when it is right! Sex can also be destructive, terrible and boring. Sex is what you make it, not what it makes you.