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Activists pick holes in triple talaq bill
Context
Triple Talaq bill
What has happened?
The Bhartiya Muslim Mahila Andolan (BMMA) that has been on the forefront of the battle against triple talaq is of a view that a range of changes are required in the Muslim Women (Protection of Rights on Marriage) Bill, 2017 that will be tabled at the Lok Sabha next week
BMMA’s views
- The Bill lacks a holistic approach on gender justice, and leaves out problems such as polygamy, age of marriage andhalala(a practice where a woman is made to go through a consummated nikaah with another man in order to go back to her former husband)
- Bill should be referred to a Parliamentary standing committee to include gender-just provisions
- On criminalization: The purpose of the Bill is gender justice, and criminalisation in itself cannot serve this objective. Recognising the importance of deterrence in law, they demanded that the deterrence should be guided by earlier progressive laws on bigamy, dowry and prevention of domestic violence
- Harsh approach: The Bill takes a harsher approach by making triple talaq a non-bailable and cognisable offence, attracting a penalty and imprisonment up to three years
- Proper alternative methods: The Bill makes triple talaq illegal, but fails to suggest alternate methods that need to be followed. The Bill needs to lay down the procedure of divorce as per the talaq-e-Ahsan method, involving reconciliation and mediation between husband and wife lasting for a minimum 90 days. In case of divorce after this procedure, the wife should receive financial support for herself and her children
AIMPLB’s rejection
The All India Muslim Personal Law Board has rejected the legislation on the whole, stating that it should be withheld and withdrawn. They have also called for consultations with their members before preparing the Bill
A new method
BMMA has developed a method of divorce based on the Quranic injunctions in its draft, which it has sent to government authorities, including 62 parliamentarian
