Lok Sabha Passes Triple Talaq
Indian government finally passes the “Triple Talaq Bill” (Protection of Rights on Marriage) in parliament which is a massive moment for Indian Muslim Women and breaks the tradition of giving instant divorce by the Muslim Men to their wives. This bill provides Muslims women the dignity and justice, they always deserve.
What is Triple Talaq?
“Triple Talaq” a.k.a Talaq-e-biddat, Muslim man pronouncement of the word “Talaq” three times to his wife, leads to the instant divorce that is entirely legal, it is a form of Islamic divorce which is used by Muslims in India, the man does not need to quote any cause of divorce and the wife need not be present at the time of divorce, with the advancement of the time, Muslim Man can also divorce their wives by pronouncing three-time “Talaq” on skype, telephone, text message, WhatsApp, etc. After the period of pronouncement, during which it is determined, whether the wife is pregnant, the divorce become irreversible. In this practice before, a waiting period was required between each pronouncement of “talaq” during which the reconciliation was attempted, but it became common to make all three pronouncements of “talaq” in one saying. After the divorce is given, the divorced woman cannot remarry the same man until she is not married to another man; this was a practice called “Nikah Halala.” Until the woman is remarried, she retains the custody of male toddlers and prepubescent female children, and beyond these restrictions, the children came under the care of the father. The most exciting thing is that “Triple Talaq” is nowhere mentioned in the Quran, and even the Islamic scholars disapprove of this practice.
Opposing The practice
Muslim women always opposed this practice; some of them even filed a PIL in the Supreme Court against this terming it “regressive.” The petitioners asked for the elimination of Section 2 the Muslim Personal Law (Shariat) Application Act, 1937 describing it as being against Article 14 of the Constitution (equality before the law).
On 13 May 2017, the Supreme Court described instant triple Talaq as the “worst form of marriage dissolution.” during the hearing before it’s the final hearing.
According to this bill, it is a “non-bailable” offense in which the accused may approach the magistrate even before trial to seek bail. In a non-bailable offense, the police may not be able to give bail to the offense in the police station itself.
This bill stopped the divorce over the WhatsApp, Skype, or Facebook and needed to this bill because the Muslim Man faces the punitive action according to this law. “If the women founded misuse this law, the man should have to the right of the appeal.” Said Manisha Priyam.
The historical moment of India
“This is the historic day for India’s legislative history, and the Muslim Women have their rights. The minister of law Ravi Shankar Prasad gives them to justice in Indian parliament”.
Some Muslim’s group consistently says Triple Talaq bill is wrong, it is a ‘Personal Law ‘and again reviewed by their community leader rather than the government.
This bill passed by the upper house on Tuesday. This bill selected by the committee and got 99 votes which they favor in this bill and 84 votes against the bill. This is the proud moment of India in the direction of democracy, secularism, and equality and increases the concerns of other personal law communities regarding equality and secularism. Triple Talaq is banned other 66 countries of the world because it criticized the unilateral and biased against the Muslim Women.
Prime Minister of India Narendra Modi tweets that “This is an occasion to salute the remarkable courage of those Muslim women who have suffered great wrongs just due to the practice of Triple Talaq. The abolition of Triple Talaq will contribute to women empowerment and give women the dignity they deserve in our society.”
Elamaram Kareem said that triple Talaq is void and unconstitutional according to the Supreme Court. But Apex Court has said that it needs to be criminalized. Prasanna Acharya (BJD) supported the bill but opposed instant triple Talaq to the criminalization.