India’s government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.
The government decision came after it failed to get approval of Parliament a year after the court ruled that the practice of triple “talaq” violated the constitutional rights of Muslim women.
Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters and disputes. The laws include allowing men to divorce by simply uttering the Arabic word “talaq,” or divorce, three times — and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.
The government will have another six months to get Parliament’s approval for the ordinance to become law. But in the meantime, suspects can be prosecuted using the ordinance.
Law Minister Ravi Shankar Prasad said that nearly 22 countries, including neighboring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.
India’s Muslim Law Board had told the court that while they considered the practice wrong, they opposed any court intervention and asked that the matter be left to the community. But several progressive Muslim activists decried the law board’s position.
After the Supreme Court verdict, Prime Minister Narendra Modi’s government introduced a bill criminalizing the practice and it was approved in December by the lower house of Parliament, where his party commands a majority. But it couldn’t get the approval of the upper house, where the opposition controls the majority of seats.
The main opposition Congress party is opposing a three-year prison sentence for the offenders and wants a parliamentary committee to discuss the issue to reach a consensus. It favors a lesser sentence.
In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption. While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched. (VOA)
The success of the “Border Haats” with Bangladesh has prompted other northeastern states of India to go for similar arrangements with Myanmar. At the instance of the Mizoram government, the Centre is likely to set up four “Border Haats” (market) along the border with Myanmar to boost local trade and livelihood of the people living there.
“To carry out border trade with Myanmar, the location for the construction of ‘Border Haat’ has been identified in four places — Hnahlan, Zote, Vaphai (Saikhumphai) and Sangau (Pangkhua) in southeastern Mizoram,” Mizoram Commerce and Industries Minister R. Lalthangliana told IANS.
The Minister said, “The success of the “Border Haats” running along the Bangladesh border in Meghalaya and Tripura has prompted us to go for similar ‘haats’ with Mynmar in Mizoram.”
Mizoram Commerce and Industries Department Director J. Hmingthanmawia said that the state government has sent the detailed proposals in this regard to the Ministry of External Affairs (MEA) for its approval.
“Once we get the green signal from the MEA, we would seek funds from the Union Industries and Commerce Ministry,” Hmingthanmawia told IANS. He said that officials of the Mizoram government and Myanmar have recently conducted a joint survey and identified the locations to set up the “Border Haats”.
Mizoram Chief Minister Zoramthanga in his Independence Day speech had said that the proposed “Border Haats” would become important trade points between India and Myanmar.
“Land Custom Station (LCS) at Zokhawthar, the lone trade route for Mizoram with South East Asian countries, is being proposed for upgradation. Construction of Trade Facilitation Centre at Tlabung has already been completed.”
“The Indian government has also proposed construction of an Integrated Check Post (ICP) at four places at the border in Mizoram — Marpara, Tuipuibari, Silsuri and Nunsury. The construction of ICP at Kawrpuichhuah is also expected to commence shortly,” the Chief Minister added.
Mizoram has an unfenced international border of 404 km with Myanmar and 318 km with Bangladesh. The Border Security Force (BSF) has been guarding the Bangladesh border and Assam Rifles personnel are posted on the border with Myanmar.
Experts and various studies suggest that if the “Border Haats” are set up, smuggling of drugs and other commodities would be checked to a large extent. Security expert Manas Paul said that large-scale smuggling of drugs from Myanmar via Mizoram and other neighbouring states has increased in the last few years.
“What is really worrisome is the fact that these synthetic drugs have got a domestic market inside the state, especially among the younger generation. Cross border legal activities including setting up of “Border Haats” could curb the smuggling of drugs and other contraband,” Paul, who has authored books on security and terrorism in the northeast, told IANS.
The CUTS International, a Jaipur based international NGO, with support from the World Bank, had conducted a study in 2016 to understand and examine the effect of “Border Haats” on poverty alleviation and other multiplier effects such as informal trade.
CUTS International Executive Director Bipul Chatterjee said that trade will increase income, curb smuggling, and cross-border crimes will also go down.
“‘Border Haats’ have contributed to the border area development, roads have improved, trafficking of women has stopped, unemployment issues have been addressed,” said Chatterjee.
Currently four “Border Haats” are operational in Meghalaya and Tripura. The first “Border Haat” was started on July 23, 2011 at Kalaichar (India)-Kurigram (Bangladesh) in the West Garo Hills of Meghalaya. Three other “haats” followed in Meghalaya and Tripura.
The Union Industries and Commerce Ministry has been spending on an average Rs 3.5 crore to develop the infrastructure and necessary facilities for each “Border Haat” along the Bangladesh border. The Bangladesh government is not providing any funds for the purpose. (IANS)