Triple Talaq Bill: Are the Muslim women being cheated?
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2018-01-08 08:18:29

Triple Talaq Bill: Are the Muslim women being cheated?

 

The eight state assembly elections looming on the political parties and what could be a better opportunity to toss the age-old Triple Talaq issue on the table than by introducing a thoroughly unsound bill?

 

It’s disconcerting to see hordes and hordes of Muslim women out on streets hailing the Triple Talaq Bill without sparing a second to foresee what the bill holds for the Muslim families as a whole in the very close future.

 

The latest development on the Triple Talaq Bill

 

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 introduced in the Lok Sabha on Friday, couldn’t get passed in the Rajya Sabha. The Bill makes instant triple talaq or talaq-e-biddat a punishable offence and follows the Supreme Court judgment given on August 22, 2017 in the case of Shayara Bano vs. Union of India.

 

How the court defined Triple Talaq?

 

It was a majority 3:2 judgment and the apex court called the practice of triple talaq “manifestly arbitrary”. It was reported in a daily that the court also said, “Given the fact that Triple Talaq is instant and irrevocable, it is obvious that any attempt at reconciliation between the husband and wife by two arbiters from their families, which is essential to save the marital tie, cannot ever take place.”

 

What is the Triple Talaq Bill?

 

It makes saying “Talaq” 3 times or talaq-e-biddat to divorce a Muslim women “void and illegal.” As per the clause 3 of the Bill, “Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.”

 

A man pronouncing talaq on his wife will be jailed for a term that can extend to 3 years and made to pay a fine. Also making the practice a non-bailable offence within the Code of Criminal Procedure of 1973.

 

How the shrewd “Muslim women empowerment” steps in?

 

The divorced woman will receive an allowance from her husband, and she will get to retain the custody of her children.

 

Clauses 5 and 6 of the Bill say, “a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children,” and “shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband.”

 

Sounds hyper-progressive and beneficial for Muslim women, right? Now think about these:

 

The biggest problem with the Bill, since the offence is based on oral utterance, how do you think the woman who has been divorced prove to the court that the husband divorced her via instant triple talaq? It will be an impossible task for the women whose husband who’s husband anyway would be jailed before finally being acquitted. Just, what sort of procedure this would be?

Did you know that a Muslim husband cannot approach a court to file for divorce? By the current ruling, a Muslim woman can go to courts, Islamic clerics, or community elders to seek divorce but a husband cannot. Muslim husbands don’t have a judicial forum to seek divorce.

It’s just politics to keep playing with the triple talaq issue for electoral and political benefits. This Bill, which is so weakly drafted makes Muslim men freely vulnerable to harassment by cops, especially when communal leaders win in a certain region.

The Bill instant triple talaq a cognisable offence, implying that no cop requires any warrant to arrest a Muslim man, in fact a Muslim man can be arrested without any complaint filed by the Muslim woman. Basically, any person can file a complaint against a Muslim husband to get him arrested.

If only one looks at it closely, the Bill is a master move to jail Muslim men instead of benefitting Muslim women. Because, think about it, if Triple Talaq itself has been banned, then why arrest a man if he does it since the divorce hasn’t happened anyway?

Time to sit up and take notice of the disasters disguised as opportunities.

 

Writer: Ashutosh Patil

 

pk.shafaqna.com

Categories:   India ،
Tags:   India ، Talaq Bill ،
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