Sep 21, 2017 (IANS): On August 22, the Supreme Court ruled that triple talaq — the practice which allows a man to divorce his wife instantly by saying the word talaq thrice — is unconstitutional. Predictably, the ruling was denounced by a number of Muslim leaders and organisations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.
This perspective is desperate and distorted. This perspective is not only wrong but also wrong-headed, misplaced and misguided.
I applaud this judgement because I strongly believe that Muslim instant divorce is illegal and incorrect in many ways. Instant divorce is deplorable, disgraceful and shameful. In addition, it is demeaning, demonising, disheartening and demoralising to Indian Muslim women.
Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran. Recognising this, many Islamic countries, including two of India’s large Muslim neighbours — Pakistan and Bangladesh — have abolished the practice.
In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married — who is also the mother of his child or children, in many cases — by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.
Over the years, some Muslim organisations have rationalised triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a per cent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.
The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.
In the absence of a comprehensive study among Indian Muslim women, it is not known how many of them have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq was the most common mode of divorce among those surveyed.
Of the 4,710 women sampled in the survey, 525 were divorcees. Of them, 404 were victims of triple talaq. More than 80 per cent of them did not receive any compensation at the time of divorce.
Two of the five judges that delivered the triple talaq judgment differed on the constitutionality of practice. The bench was in unanimous agreement, however, in asking the government to enact within six months legislation to govern Muslim marriages and divorces.
India’s justice system has numerous drawbacks. It often takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering a correct judgment in a timely manner.
The ball is now in the government’s court. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.
Equitable legislation on Muslim marriages and divorces should be just the starting point. The central and state governments must craft policies that empower women belonging to all castes, creeds and religions. Such policies should focus on educating women, developing their skills and making them part of the work force. Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote the security and stability of women and will build their self-esteem and confidence.
India’s Muslim community should embrace the Supreme Court verdict. They should join together to say: End triple talaq. End triple talaq. End triple talaq. They should leverage the verdict as an opportunity to advocate for and bring about much-needed reforms related to women’s rights. (IANS)
New Delhi, October 13, 2017: The Supreme Court on Friday referred to a Constitution Bench the question whether a ban on the entry of women in the age group 10-50 years in Kerala’s Sabarimala temple was discriminatory and violative of the Right to Equality under Article 14.
A bench of Chief Justice Dipak Misra, Justice R. Banumathi and Justice Ashok Bhushan also framed six questions to be addressed by the Constitution Bench.
The petition was filed by the Indian Young Lawyers Association, challenging the custom of the temple to bar entry of women in the 10-50 age bracket (of menstruating age).The custom had been termed as ‘discriminatory’ in their petition.
The Constitution Bench will deal with questions whether this practice amounted to discrimination against the women. The apex court also framed a question on the violation of rights under the Constitution with regard to the entry of women into the temple.
The reason for the ban on entry of women aged between 10 and 50 years as stated by the management of the Sabarimala temple, located on a hilltop in the Western Ghats of Pathanamthitta district was because they cannot maintain “purity” on account of menstruation.
With this verdict by Supreme Court, the long sustaining protest against the entry of women tends to put an end to the practice.
The temple, built in the 12th century, is located in Pathanamthitta district and is dedicated to Lord Ayappa.
Uttar Pradesh, October 9, 2017: Whoever said the number thirteen is unlucky was right. A horrific case of a Muslim man brutally murdering his wife has now come forward.
According to reports, police have arrested Mohammad Mustkeem, a resident of Raebareli, a small town in northern India’s Uttar Pradesh after he allegedly murdered his 13th wife. While cases of murders within marriages are not new, this particular case is extremely peculiar.
Mustkeem is a practising Muslim and had been married thirteen times. While he had divorced all his former twelve wives, the thirteenth wife was cruelly hacked to death.
The victim and Mustkeem had been married for over four years and also had a three-month-old child. However, the two were believed to fight a lot, because of which Mustkeem had been contemplating another divorce.
But before the 13th divorce could happen, the victim went missing, which created alarm in the Pure Kale Khan locality in the district. Upon search, her body was recovered from the fields near Chulamau village in the district.
According to the police, the victim’s body bore several injury marks that indicate that she had been tortured and strangled to death.
Consequently, the police arrested Mohammad Mustkeem on charges of murdering his own wife.
While no official information has been obtained as of now, locals believe Mustkeem was planning to re-marry for the fourteenth time and had even sought a bride.
While we condemn the victim’s murder, the case involving Mustkeem and his multiple wives has once again brought Triple Talaq under the spotlight, which had been rife in the country till the past few weeks.
Before the verdict was announced on the declaration of Triple Talaq as unconstitutional, census figures revealed that for every Muslim man divorced in India, four Muslim women had been previously divorced. This is also evident from Mustkeem and his former 12 wives.
As per the law, Muslim men could divorce their wives for any possible trivial reason. By contrast, the woman was expected to almost always avail the husband’s consent for a divorce. This robbed women the right to have a say, and to have a secure livelihood and instead granted men the permission to blatantly indulge in matrimony, which is evident from Mustkeem’s life.
While a constitutional ban on the practice has gathered mix responses, the question remains how the change will seep down to the very roots of the society. And how is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands? Until then, cases like Mustkeem and his twelve divorced wives can be expected to continue making headlines.
Women are asked to compromise for the sake of family honor, children, not being financially independent and many such reasons
It’s a tough decision for Indian women to file for a divorce even if their marriages have been exploitative, oppressive or unhappy
The problems are most dreadful for women whose marriages have not been formally ended
New Delhi, September 3, 2017: Supreme Court’s verdict on Triple Talaq case is like a ray of sunshine. The verdict has been welcomed, applauded and celebrated all across India by the people who advocate for women’s rights. Judgement on Triple Talaq has been possible because of courage shown by strong Muslim women to change the course of their lives and a long struggle of groups such as the Bharatiya Muslim Mahila Andolan who did not put their foot down in spite of having to face pressure, threats from the Muslim community and outside of it.
Reactions women in country face when they consider getting a divorce
There are many other societies where higher rates of divorce are often equated with an expression of choice that women possess and the liberation of women. But, sadly this is not the case with India as divorce evokes dark, shameful reactions, taunts, rage, and pity from the society, often a woman is blamed for it. It is not considered as a suitable option for women suffering from unhappy marriages, they are asked to work it out, to solve the differences even if there’s no easy solution to it. They are asked to compromise for the sake of family honor, children, not being financially independent and many such reasons.
Why do Indian women hesitate from taking a Divorce?
It’s a tough decision for Indian women to file for a divorce even if their marriages have been exploitative, oppressive or unhappy. One reason for this could be the low status of women or not enough respect and value given to them in the society, especially rural India. Another reason is that the women who have low income don’t spend their independent share on themselves out of guilt, they utilize most it in taking care of their homes and save the rest. Also, some regressive and unequal practices are still going on like inheritance, asset ownership which means that no matter which religion a woman belongs to they are denied access to owning assets.
It means that most often than not an end of marriage leaves women with a financial crisis, along with emotional pain, on top of that they not only have to manage their own life but also their children’s without much financial aid.
According to 2011 census on Indians marital status, “among divorced Indian women, 68% are Hindu, and 23.3%, Muslim.” This implies that more Hindu women are getting divorced than Muslim women.
The State governments have failed to empower Muslim women, issues related to their rights and needs are hardly addressed by politicians. Thus their social and economic conditions are degrading- they have unequal access to job, education and other opportunities in life.
More failed marriages were recorded in rural India with 8.5 lakh divorced persons and in urban India, the number is 5.03 lakh divorced persons. Maharashtra has the highest number of divorced citizens which is 2.09 lakh persons. The state which holds the record of lowest failed marriages has 1,330 divorcees.
Negatives of Triple Talaq
A Muslim man being able to end a marriage by a means of disrespecting and utterly irresponsible manner of triple talaq (uttering the word talaq 3 times, it can be oral, written or electronic). The practice of triple talaq was gender biased and gave unequal rights to Muslim women. So, it’s a victory worth celebrating that this shameful practice has culminated legally.
Why is Separation more harmful?
More dissolved marriages in India happen through separation and not a formal divorce. It’s a growing concern as separation (abandonment by a husband) is more common for women in all religions than a divorce. It puts women in a more dangerous spot as they can’t ask for alimony as there is no legality connected to it, which further weakens their financial status. Also, their husbands take away their freedom to remarry. According to census data, “More women than men in India are separated (out of a marriage without a formal divorce).”
So, though triple talaq was definitely a truly intolerable practice, it is only one of the ways through which married women could be abandoned. There are women across different communities who continue to face problems of abandonment, also called separation without having a proper means to survive or lead a decent life.
Marital dissolution in India comes under various laws but more often than not, the decisions don’t benefit women in a big way. No matter how strong or secure is the legal framework, the single legal right that an Indian woman has after getting a divorce- the right of maintenance from her spouse or alimony. But maintenance or alimony reaches them much late due to the ‘prolonged legal processes’ and they are sometimes provided with very small and negligible amounts. Another loophole is that the court doesn’t ensure regular payment from their husbands.
Obviously, the problems are most dreadful for women whose marriages have not been formally ended, who are separated and not divorced from their husbands. Even for those women who have a formal divorce, the courts (be it family courts or formal courts) turn out to be grueling and intimidating places to seek justice, especially for the ones who are illiterate, not much educated, or belong to poor families.
Struggles faced during and after a divorce
Taking Divorce is a tedious process with repeated court trips, cases getting postponed, and lawyers charging heavy fees and most important but sidelined factor- to deal with patriarchal attitudes shown by lawyers as well as judges. All these reasons contribute to women feeling helpless with wasted efforts, and even lead to dissuasion of women (by family, relatives, friends, lawyers) to pursue the cases after a point. Those women, who have taken up employment (for financial security) after the end of marriage, even if their employer pays them very less, they get little sympathy from the courts regarding alimony.
This should be the focal point in viewing the triple talaq judgment by the court. Muslim women have been successful in getting triple talaq scrapped by law but the war is not over yet. Indian women still have to face difficulties in getting some alimony or maintenance which is due to them, on which they have a deserving right.
Muslim Women (Protection of Rights on Divorce) Act
But, there has been a setback for Muslim women, we are talking about the Muslim Women (Protection of Rights on Divorce) Act 1986, also known as MWA. This was widely seen as a patriarchal response in response to the clamor by the Muslim men to the Supreme Court judgment in the Shah Bano case in which her former husband was forced to pay continued alimony to her.
“The MWA drastically limited the husband’s liability to his former wife. It stated that once a woman’s iddat expenses (covering three months’ subsistence) had been paid and she had received her mehr (dowry) and any other money or property that had been gifted to her at the time of marriage, the husband had no further financial responsibility towards her.”
This law came was criticized by women activists and others who were sensitive towards women’s rights. It was called a discriminatory law that singled out Muslim women and deprived them of maintenance rights which are available to all the other divorced Indian women. They were taken for granted and the act had some harmful consequences. It encouraged a higher rate of divorce in Muslim community as it allowed Men to get away from the marriage without providing any maintenance for their wife’s survival.
Revision of Act
As per MWA, the husband should provide “reasonable and fair provision” during the 3 month iddat period. A clause was further added in 2001 by a Supreme Court judgment that “during the iddat period, a Muslim man is liable to make a payment to his ex-wife that will secure her ability to sustain herself in the future. As a result, courts began to require men to give their ex-wives substantial lump-sum amounts or to transfer some material assets such as land, a house, or gold and jewelry.”
The implementation of the law made divorced Muslim women heave a sigh of relief and will force the ex-husbands to give a substantial lump-sum amount to their wives. This would thus release the divorced Muslim women from worrying over the unreliability and uncertainty of periodic payments (by law) for maintenance. This might make them even better off than non-Muslim counterparts. But in most other cases of divorce, lack of financial support from husbands remains a big concern for them.
The war is not over
The point we are trying to make is that the problems faced by divorced Indian women are plenty, and they are because of the social, cultural, economic and legal practices that are still present in all religions. This Supreme Court verdict should be reminders for all of us to take note of this small victory, to keep in mind the loopholes present in Divorce rights still and should also motivate us to take up more such battles in future in order to make our country more gender sensitive. So, that both the genders can live a life of peace and dignity.
NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.
Click here- www.newsgram.com/donate