by admin | May 25, 2021 | News, Politics
By Anjali Ojha,
New Delhi : The proposed bill that criminalises the practice of instant divorce “empowers” Indian Muslim women by giving them a larger say in dissolving marriages, custody of minor children and the right to seek maintenance from their estranged husbands, according to the cabinet-cleared controversial legislation opposed by Muslim groups.
The bill defines triple talaq as “any pronouncement (of divorce) by a person upon his wife by words, either spoken or written or in electronic form, or in any other manner”. It proposes to make the practice a punishable offence and is set to be introduced in the Lok Sabha next week.
IANS has exclusive access to a copy of the cabinet-cleared version of the legislation drafted after the Supreme Court’s decision against the gender-discriminatory practice that is not followed even in major Muslim countries, including Saudi Arabia, Egypt and Pakistan.
The draft bill says the practice against “constitutional morality” and “gender equity” is to be considered “void and illegal”.
Anyone who pronounces instant divorce “shall be punished with imprisonment for a term which may extend to three years and a fine”, the bill proposes.
In its statement of objects and reason, the draft mentions the landmark Shayara Bano case in which the Supreme Court invalidated the practice of instant triple talaq. The statement would be read by Law Minister Ravi Shankar Prasad when he introduces the bill in the Lok Sabha to explain why the government had to formulate the legislation.
Shayara Bano, a 38-year-old woman from Uttarakhand, fought a long legal battle seeking an end to the the patriarchal custom after she claimed to have suffered for 14 years in her marriage.
“This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation,” the minister says in the bill’s statement of objects.
The judgment vindicated the position taken by the government that “talaq-e-biddat”, which allows men to pronounce divorce thrice in one sitting, is against “constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution”.
Clerics and several Muslim organisations, cutting across sects and schools of jurisprudence, protested against the Supreme Court judgment and termed the government’s stand as “uncalled for interference” in the personal laws of the community.
Ravi Shankar Prasad, however, in the bill’s objects and reasons says the All India Muslim Personal Law Board (AIMPLB), which was also a respondent in the Shayara Bano case, had contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat but for the legislature to make any law on the same.
“They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice,” the minister explains.
The bill notes that “there have been reports of divorce by way of talaq-e-biddat from different parts of the country” even after the Supreme Court invalidated the practice and the assurance by AIMPLB.
“It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce,” the minister says.
The bill states that urgent suitable legislation was necessary “to give some relief to…the hapless married Muslim women who suffer from harassment due to talaq-e-biddat.
“This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship.
“The legislation would help in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.”
(Anjali Ojha can be contacted at anjali.o@ians.in)
—IANS
by admin | May 25, 2021 | News
A view of the AIMPLB meeting in progress
By Pervez Bari,
Bhopal, Sep 12 : The All India Muslim Personal Law Board, (AIMPLB), has passed a resolution to constitute a committee to examine the Supreme Court judgement on instant Triple Talaq to see the inconsistencies, if any, with the Islamic Shariat. The Committee shall also advise the method and process for undertaking large scale community reform programme within the Islamic Sharia (Islah-e-Mashrah).
The above decision was taken by the AIMPLB in its Executive Committee’s marathon meeting here on Sunday. The Board again accused the government of attempting an attack on Muslim personal laws, and welcomed the court order for not going in that direction. The meeting did not discuss filing a review petition against the Supreme Court order holding instant triple talaq (Talaq-e-Biddat) illegal.
It may be recalled here that on August 22, a five-judge Bench of the Supreme Court, by a 3-2 majority verdict, had held the practice of instant triple talaq illegal. Several Muslim organisations, including the Jamiat Ulama-i-Hind, among the oldest in the country, had objected to this, saying that instant triple talaq should continue and be recognised as a legitimate divorce among Muslims even if that meant courting punishment as per the law of the land.
Addressing a joint Press Conference Executive Committee Members said the AIMPLB has further resolved to initiate different programmes at different levels to educate Muslim women and men on Shariah and in this process it shall take assistance from different organisations. The Board also resolved to take appropriate steps to ensure help to divorced ladies. It shall urge upon the government to grant financial assistance to Waqf Boards for this purpose.
Kamal Farooqui, member of the Executive Committee, on behalf of the Board made a categorical statement that the Muslim Community cannot and shall not tolerate such attack on personal law of the community. He said in the light of the Government India had laid bare its intention in the form of Attorney General’s submission in the Supreme Court that all forms of dissolution of marriage without intervention of the court should be declared as unconstitutional.
“We record our displeasure and consider it as attack on personal law of Muslims. This stand of the present government is contrary to the protection guaranteed by the Constitution of India”, Farooqui emphasised.
Dr. Asma Zehra, the convenor of AIMPLB’s Women Wing, addressing Press Conference at Bhopal
Replying to a question Dr. Asma Zehra, the convenor of AIMPLB’s Women Wing, Board’s position, as per Shariah applicable the four Sunni School of thought has been that the Talaq-e-Biddat is sinful but valid. Prior to the judgement the Board had already submitted to the Supreme Court that the AIMPLB had passed a resolution on 16-04-2017 stating that those who indulge in Talaq-e-Biddat should be socially boycotted.
Dr. Zehra pointed out Sunday’s resolution said Islamic/Sharia law is based upon Quran, Hadith, Ijma and Qiyas and that the sanctity of belief and practices in personal/matrimonial relationship in Islamic laws cannot be treated differently from the belief and practices in personal/matrimonial relationship by other citizens who follow own customs and practices.
She claimed 99 per cent of Muslim women are in favour of Muslim personal law. “In the name of showing sympathy with Muslim women, a door is being opened to interfere in our religion.” She added that there would be a lot of difficulties in implementing the SC order on triple talaq.
Babri Masjid case
Meanwhile, the AIMPLB executive committee also expressed its surprise over the Supreme Court’s decision to begin hearing the Babri Masjid case on a daily day-to-day basis. Noting that the court had previously found it impossible to speed up the hearing because it had to go through a lot of documents, the board said it would abide by whatever the court decides. However, the process has to be judicial without bringing politics into it. It’s related to property, it’s a title suit.
Adv. Zafaryab Jeelani, member of the Executive Committee, said the court had now given very little time to the two parties, and that there was not enough time to translate all the documents. Saying “we would do our best”, the board said, “We feel this may be used as a plank by a certain political party. We want the might and respect of the court should not be compromised. Court is our last resort.” “Justice hurried is Justice buried”, he quipped.
