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A proposed bill criminalising triple talaq, now empowering Muslim women

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A proposed bill criminalising triple talaq, now empowering Muslim women
A proposed bill criminalising triple talaq, now empowering Muslim women. IANS
  • Muslim women raising their voices against triple talaq
  • Triple talaq meaning any pronouncement of divorce by a person upon his wife in any manner
  • A bill has been proposed against triple talaq

New Delhi, Dec 24, 2017: The proposed bill that criminalises the practice of instant divorce “empowers” Indian Muslim women by giving them a larger say in dissolving marriages, custody of minor children and the right to seek maintenance from their estranged husbands, according to the cabinet-cleared controversial legislation opposed by Muslim groups.

The bill defines triple talaq as “any pronouncement (of divorce) by a person upon his wife by words, either spoken or written or in electronic form, or in any other manner”. It proposes to make the practice a punishable offence and is set to be introduced in the Lok Sabha next week.

IANS has exclusive access to a copy of the cabinet-cleared version of the legislation drafted after the Supreme Court’s decision against the gender-discriminatory practice that is not followed even in major Muslim countries, including Saudi Arabia, Egypt and Pakistan.

The draft bill says the practice against “constitutional morality” and “gender equity” is to be considered “void and illegal”.

Anyone who pronounces instant divorce “shall be punished with imprisonment for a term which may extend to three years and a fine”, the bill proposes.

In its statement of objects and reason, the draft mentions the landmark Shayara Bano case in which the Supreme Court invalidated the practice of instant triple talaq. The statement would be read by Law Minister Ravi Shankar Prasad when he introduces the bill in the Lok Sabha to explain why the government had to formulate the legislation.

Shayara Bano, a 38-year-old woman from Uttarakhand, fought a long legal battle seeking an end to the patriarchal custom after she claimed to have suffered for 14 years in her marriage.

“This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation,” the minister says in the bill’s statement of objects.

The judgement vindicated the position taken by the government that “talaq-e-biddat”, which allows men to pronounce divorce thrice in one sitting, is against “constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution”.

Clerics and several Muslim organisations, cutting across sects and schools of jurisprudence, protested against the Supreme Court judgement and termed the government’s stand as “uncalled for interference” in the personal laws of the community.

Ravi Shankar Prasad, however, in the bill’s objects and reasons, says the All India Muslim Personal Law Board (AIMPLB), which was also a respondent in the Shayara Bano case, had contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat but for the legislature to make any law on the same.

“They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice,” the minister explains.

The bill notes that “there have been reports of divorce by way of talaq-e-biddat from different parts of the country” even after the Supreme Court invalidated the practice and the assurance by AIMPLB.

“It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce,” the minister says.

The bill states that urgent suitable legislation was necessary “to give some relief to…the hapless married Muslim women who suffer from harassment due to talaq-e-biddat.

“This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship.

“The legislation would help in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.” (IANS)

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Triple Talaq Act is Not a Commodity, Nor are Women Doormats

Where are the conscious intellectuals in the country now, like those award-wapsi groups; and why is the media holding back from denouncing the perpetuation of the baneful practice?

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If we don’t cry now, Triple Talaq, and such other vices, might go digital, and burn millions of households.

BY: SALIL GEWALI

Election season in India is like a festival for many. For some parties’ workers, it is an occasion for joy, and merrymaking too. This is also the time when leaders respond to your phone calls! They hardly miss to send you even birthday wishes, thanks to the automated reminders that help even unkind leaders to put on the face of kindness and generosity with ease.

Well, a flurry of promises is now being made. Some are logical while some are very illogical. Some are even unconstitutional and outrageous. And this all goes to prove that certain political leaders can go to any extent for votes. Their aspirational leaders speak out without thinking. The prime objective is to please the voters. Moreover, making promises does not cost anything.

In the process of pleasing some, certain leaders have grievously hurt many others. They are also now unashamedly getting at Triple Talaq Act. They are bargaining with the certain voters over this as a saleable commodity. Is it not a sore point with female folks? Just imagine how hurt the fathers of million daughters in the country must be.  Again, a sane person should agree that Triple Talaq has been heavily misinterpreted and thus abused for centuries, as all the laid down strict conditions are ignored and moral associated overlooked. Even our immediate neighbor Pakistan, an Islamic country has long abandoned it because of the increasing misuse of the Islamic law.

Triple Talaq
Political leaders can go to any extent for votes and their aspirational leaders speak out without thinking. Their prime objective is to please the voters.

Yes, we well know how hard the present government had fought with the adversaries to bring in the bill against this regressive custom. Modi government certainly deserves the praises for this bold step forward. This bill will definitely save both men and women in many aspects.  Women from their husbands’ atrocities and men from committing sin!

But now, with the MP election around the corner, the certain parties are stooping low to take advantage of this much-abused practice. In their course of campaign, the leaders are claiming that they will revoke the bill if voted to power. What is most disgusting is that even the woman leaders of Congress party, without a sense of guilt, are boasting about that their party will instantly restore the Triple Talaq. Is it not a very dangerous development itself? True, when people lust after one thing, they simply forget that they are walking on the path of vices! Where are the conscious intellectuals in the country now, like those award-wapsi groups; and why is the media holding back from denouncing the perpetuation of the baneful practice? This is indeed a real tragedy! 

Do we want the cutting edge of modern technology to be used to break off the marriage? Many marital ties have been severed by mere a phone call? Are women doormats or disposal items? One very upset mother of three daughters says —  ‘this misused practice has literally reduced the millions of talented women to living corpses!’ 

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If the election and democracy are only to help get society to be more godless then we are definitely heading towards the anarchy. So damning, the leaders, who commit themselves to ensure the bright future for the society and better governance, can thus set about dragging the society into the whirlpool oppression, repression, and frustration. How on earth could we trust such kind of leaders and bet on their integrity? Have they not equally brought a bad name to other leaders of integrity?  Come on, let’s wake up and cry hard for the leaders of principle and moral who in fact can honestly promise to douse the fire of vices. If we don’t cry now, Triple Talaq, and such other vices, might go digital, and burn millions of households.

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali.