Saturday November 16, 2019
Home India Triple Talaq ...

Triple Talaq verdict is a small victory. But there are more battles to be won

Are the divorced Indian women getting their due?

0
//
Triple Talaq was a harmful practice faced by Muslim women
Triple Talaq was a harmful practice faced by Muslim women. Pixabay
  • 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.

Divorce Percentage

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.

Also Read: Ishrat Jahan, a Triple Talaq Petitioner Writes to West Bengal CM Seeking Security After Supreme Court Verdict

Effectiveness of Divorce Laws

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.

Also Read: Namaz Offering Mamata Banerjee Remains Silent on Triple Talaq Verdict

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

Next Story

Ban ‘Triple Talaq’: India Criminalizes Centuries-Old Practice of Sudden Divorce Among Muslims

The bill sets a fine and a jail sentence of up to three years for men convicted of using the practice

0
triple talaq
FILE - Indian Muslims protest against the government approving an ordinance to implement a top court ruling striking down a Muslim practice that allows men to instantly divorce in Mumbai, India, Sept. 19, 2018. VOA

India’s parliament has passed a measure to criminalize the centuries-old practice of instant divorce among Muslims and punish men with jail terms if they defy a ban on what is known as “triple talaq.”

The government said a law was necessary because there have been instances of Muslim men continuing to terminate marriages by repeating the Arabic word “talaq” three times, although the practice was outlawed by India’s Supreme Court in 2017.

The bill sets a fine and a jail sentence of up to three years for men convicted of using the practice. It will become law as soon as the president signs it. In a tweet, Prime Minister Narendra Modi said “an archaic and medieval practice has finally been confined to the dustbins of history,” and it “corrects a historical wrong done to Muslim women.”

The measure, called the Muslim Women Protection of Rights on Marriage Bill, was passed in the upper house of parliament amid protests from the main opposition Congress party,  which opposed setting a prison term for offenders and wanted further scrutiny of the bill.

triple talaq
Indian Muslims stand outside Parliament House in New Delhi, India, Friday, July 26, 2019. VOA

Critics of the law say it is a harsh measure that’s open to misuse and is being used by the Hindu nationalist Bharatiya Janata Party to target Muslims. Law Minister Ravi Shankar Prasad defended the bill, saying it was necessary to protect the dignity and honor of Muslim women and ensure gender justice.

The bill’s passage is seen as a major victory for Modi’s government, which failed to pass it during Modi’s first term in office. The bill had been passed by the lower house last week, but all eyes were on Tuesday’s vote because the government does not have a majority in the Upper House. It passed 99 to 84.

The practice of “triple talaq” has long been banned in several Muslim countries like Egypt, Bangladesh and Pakistan but continued in India.

Zakia Soman, a cofounder of the Bharatiya Muslim Mahila Andolan (BMMA) organization, which was at the forefront of the legal battle to scrap “triple talaq,” welcomed passage of the bill. “It will not change our lives overnight, but it would give strength to the movement for justice for Muslim women,” according to Soman. She said “it was a moment to rejoice.”

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

Women rights activists had cited many cases where men had divorced women via letter, telephone and, increasingly, by text message, WhatsApp and Skype by uttering or writing the three words. They said what was practiced in India was a misinterpretation of Islamic law.

Conservative Muslim clerics, however, had staunchly opposed efforts to scrap “triple talaq,” calling it a religious issue that should not be interfered with. Although India’s constitution guarantees equality, it allows matters such as marriage, divorce and alimony to be governed by religious laws.

ALSO READ: Goa CM: Nigerians Lead List of Foreigners Overstaying in Goa, Followed by Tanzanians, Russians

Tahir Mahmood, an expert on Islamic law, said he hoped the law would act as a deterrent on Muslim men divorcing wives in an arbitrary manner. He said the practice should not have been made a criminal offense, but he pointed out that religious leaders of the community had failed to do anything to curb the practice.

Some scholars of Sharia law call “triple talaq” a travesty of divorce as envisaged in the Quran. They say the word has to be pronounced over three months and accompanied by efforts at reconciliation. (VOA)