'Arbitrary, Excessive': Women Rights Activists Oppose Triple Talaq Bill


On Thursday, the Lok Sabha handed the triple talaq invoice amid a walkout via the Opposition, which had demanded that the invoice be referred to a ‘joint choose committee’.

Whilst the Bharatiya Janata Party (BJP) and plenty of supporters have lauded the passage of the invoice, the Congress has termed it unconstitutional. Even ladies activists have criticised it and termed it a “political transfer” aimed toward polarising the rustic sooner than the overall election subsequent yr.

A bunch of 40 ladies rights activists has released a statement detailing their issues over the Muslim Girls (Coverage of Rights on Marriage) Invoice, 2018, in its provide shape. 

They have got steered the individuals of Rajya Sabha to withdraw the invoice and and considerably re-draft it within the passion of Muslim ladies.

The invoice is pending within the Rajya Sabha. 

The crowd termed the invoice “arbitrary, over the top, and violative of basic rights enshrined within the Indian Charter.”

They additional mentioned that if this invoice is handed, it might make Muslim ladies extra at risk of violence, in addition to hurt their financial, family and social safety.

The commentary used to be signed via activists and girls’s teams, together with Ayesha Kidwai of Jawaharlal Nehru College (JNU), Kavita Krishnan of All India Revolutionary Girls’s Affiliation (AIPWA), Shabnam Hashmi of Anhad and Nivedita Menon.

It has additionally been signed via teams like Bebaak Collective, Kashmir ladies’s collective, Mahila Sarvangeen Utkarsh Mandal (MASUM), Girls’s Analysis & Motion Staff and queer feminist LBT collective LABIA, amongst others.

The activists have raised issues together with that the invoice takes a step backward when it comes to offering financial and social give a boost to for aggrieved Muslim ladies. Listed below are the extensive issues raised via the activists:

  1. This Invoice disregards the actual fact that its purpose — to give protection to the rights of married Muslim ladies and to ban divorce via saying ‘talaq’ via their husband — has already been completed via the judgement of the Ideal Court docket.

  2. The Ideal Court docket in Shayara Bano’s case held that the apply of ‘talaq-e-bidat’ is obviously arbitrary, and due to this fact, unconstitutional. An act that has no authorized penalties being made a legal offence, cognizable and non-bailable is obviously arbitrary and due to this fact, violative of Article 14. 

  3. There is not any rationale to criminalise the apply of talaq-e-biddat and imprison Muslim males. The impact of the Ideal Court docket’s judgment is that the wedding is legally legitimate and the individuals proceed to be lawfully wedded. Now, if the legislation is handed, the Muslim males can be incarcerated, thus violating the rights of conjugality of those two individuals. Criminalising the husband would additionally result in undesirable separation between the couple, towards the desires of the spouse.

  4. Since Muslim marriage is a civil contract between two grownup individuals, the procedures to be adopted on its breakdown will have to even be of civil nature. Penal motion to deter the apply of speedy triple talaq is a myopic view because it leaves many different problems of monetary and social safety of ladies unaddressed.

  5. The use of penal movements to resulting in imprisonment to deter the apply of triple talaq won’t assist in getting justice for girls. The federal government will have to support the negotiating capacities of ladies via offering them financial and socio-legal give a boost to somewhat than criminalising the pronouncement of triple talaq.

  6. Penal provisions within the invoice will make Muslim ladies extra at risk of violence from their matrimonial family, because the marital members of the family could be antagonistic and blame the lady for the husband being in prison. 

  7. The pronouncement of triple talaq having no authorized penalties at the marriage implies that any such proclamation via a Muslim guy is largely a desertion of the spouse. In any of the Private Rules, the desertion of spouse via a person isn’t a legal offence. Subsequently, whilst the invoice targets to criminalise the pronouncement of talaq, in impact, it is just criminalising the act of desertion of a Muslim spouse via her husband. Criminalising desertion via Muslim males, which constitutes just a civil offence for males of all different religions, is discriminatory underneath the Charter.

  8. If there may be violence throughout the marriage along with the pronouncement of triple talaq, the lady may use the prevailing provisions of the Coverage of Girls from Home Violence Act, 2005 and Segment 498A of the Indian Penal Code. Those two regulations, taken in combination, constitute a large spectrum of authorized choices to be had for girls survivors of home violence, encompassing each legal and civil provisions.

  9. No financial and socio-legal give a boost to is equipped via the federal government within the invoice to girls, youngsters and different dependents, when the erring males are put in the back of bars. The invoice due to this fact, does now not supply anything else by the use of further rights to the prevailing regulations already in position. Actually, the invoice takes a step again in simplest offering for subsistence allowance for the lady.

  10. The invoice talks about offering “subsistence allowance” for the aggrieved Muslim lady. Subsistence allowance isn’t outlined and is open to interpretation.

  11. The invoice lets in for the aggrieved lady in addition to someone associated with her via blood or marriage to be the complainant. There is not any provision for a relative to hunt the consent of an aggrieved lady sooner than submitting a grievance. The issue turns into in particular acute relating to inter-religious marriages of Muslim males with a lady of some other faith.

  12. The punishment prescribed within the Invoice is as much as 3 years, and makes the offence a cognizable and non-bailable one. The similar is draconian and disproportionate. A punishment, to be simply, will have to have simplest that level of severity which is enough to deter others.

  13. Regulation Minister Ravi Shankar Prasad has mentioned that the apply remains to be “proceeding unabated”. He has pegged the collection of divorce circumstances pronounced by the use of triple talaq to 400 in 13 months. This knowledge, for a rustic as massive as India, isn’t sufficient to attract conclusions and create a criminalising invoice. 

  14. The Regulation Minister additionally mentioned that there’s an pressing want to criminalise triple talaq, and therefore the Ordinance used to be handed. If it used to be as pressing, why used to be no law handed towards it till after the SC judgement? It is a transfer to serve political ends than really assembly the wishes of Muslim ladies.

  15. The transfer to imprison Muslim males will upload to the existing lack of confidence and alienation of the Muslim neighborhood. Criminalisation of speedy triple talaq will additional stifle the voices of Muslim ladies as an alternative of providing them avenues for justice.

(With PTI inputs)

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