Make Triple Talaq Punishable But Not Criminal Offence:
Muslim Women Ahead of Bill
Speaking on the important gender-just provisions that should
be included in the Bill, Zakia Soman from BMMA said that the
purpose of this Bill is gender justice, “Criminalization in itself
cannot serve the objective.”
Eram Agha | News18.comEramAgha
Updated:December 26, 2017, 9:27 AM IST
facebookTwittergoogleskype
Make Triple Talaq Punishable But Not Criminal Offence:
Muslim Women Ahead of Bill The Supreme Court had struck
down triple talaq terming it 'unconstitutional'. (Network18
Creatives)
New Delhi: Two days before tabling of the Muslim Women Bill
in Parliament, some women who came out against triple talaq
believe that criminalizing the practice won’t get them gender
justice, instead the law would only be a ploy for the
government to target Muslim men.
However, other victims of the triple talaq practice beg to
disagree.
Muslim women activists who fought in the Supreme Court and
had suffered because of the un-Islamic practice argue that
criminalization “cannot serve the objective” as marriage is a
civil matter.
The Muslim Women (Protection of Rights on Marriage) Bill,
2017 will be tabled in the Lok Sabha on December 28, 2017
and Ravi Shankar Prasad will introduce the Bill to “protect the
rights of married Muslim women” and stop the practice of
instant triple talaq.
Bharatiya Muslim Mahila Andolan (BMMA), one of the
petitioners in the case titled Muslim Women's Quest for
Equality, says that the Bill should be referred to the Standing
Committee of the Parliament and amendments should be
made.
Speaking on the important gender-just provisions that should
be included in the Bill, Zakia Soman from BMMA said that the
purpose of this Bill is gender justice, “Criminalization in itself
cannot serve the objective.”
Recognizing the importance of deterrence in law, the group
further demands, “The deterrence in this law should be
guided by the other progressive laws such as the bigamy law,
dowry law or the law against domestic violence. Marriage is a
civil matter and there is punishment. It should be treated like
that and there should be a fear of punishment,” said BMMA.
Citing an example of the bigamy law of Section 494 of the IPC,
Soman said bigamy is a non-cognizable but bailable offence.
“Violation of the triple talaq law should invite penalty and
punishment accordingly and proportionately,” Soman said.
However, triple talaq victim Arshiya Ismail, who is the chief
training officer in a Army College, said, “Marriage is a civil act
but instant triple talaq should be criminal. If that does not
happen, men will always find a way out.”
Ishtar Jehan, who is the crusader against instant triple talaq
hailing from Bengal, also believes it should be treated as a civil
matter.
Nazia Elahi Khan, Ishtar Jehan's lawyer said, “The
punishment for triple talaq should be stricter, preferably as a
civil matter because there are provisions. The culprit should
be put behind bars at least for three years and the Bill should
make sure instant triple talaq is punishable.”
“The Bill should lay down the procedure of divorce as per the
talaq-e-ehsan method involving reconciliation and mediation
between husband and wife over a period of at least 90 days.
Besides, in case of divorce following this procedure, the wife
should be provided financial support for herself and her
children,” added Soman.
The Muslim women groups have been calling for a codified
Muslim family law based on the Quran and compliant with the
Constitutional provisions.
“This would enable Muslim women to get gender justice in
family matters. The Muslim women must get legal parity just
like Hindu women and Christian women through codified law,”
added Soman.
Bebaak Collective, one of the women’s rights groups who
favoured a law against triple talaq on December 21, 2017
spoke out against the criminalization of instant triple talaq. The
Bill, in their opinion is a vicious ploy of the BJP government to
criminalize Muslim men with the new law.
Formulated in the name of safeguarding women’s rights, the
Muslim Women (Protection of Rights on Marriage) Bill fails in
its primary mission. Activists of Bebaak Collective that was one
of the interveners in the Supreme Court case, say, “If this law
is passed, it will not only criminalize Muslim men but adversely
affect Muslim women and children, whose survival will be at
stake.”
Rivals whet knife to slice Centre’s triple talaq Bill
By Amit Agnihotri, Manish Anand and Richa Sharma | Express News Service | Published: 26th December 2017 08:00 AM |
Last Updated: 26th December 2017 08:00 AM | A+A A- |
Triple talaq, muslim, women, burkha, burqa,
NEW DELHI: The Muslim Women (Protection of Rights on Marriage) Bill, 2017, is expected to generate much heat when Parliament’s winter session resumes after the Christmas break on Wednesday.
With the Bill likely to be introduced in the Lok Sabha on Thursday, the Opposition is preparing to target the government for rushing a sensitive legislation that criminalises triple talaq, imposes a prison term of up to three years on husbands who violate the law and slaps a fine on them.
The objective of the Bill, which has been circulated among MPs, is to ensure the larger constitutional goals of gender justice and gender equality of married Muslim women and promote their fundamental rights to non-discrimination and empowerment.
Related Article
Uttar Pradesh BJP urges AIMPLB to give up 'rigid' stand on triple talaq
Triple Talaq Bill: BJP Minority Morcha delegation thanks PM Modi
Triple talaq victims slam All India Muslim Personal Law Board for opposing government bill
But the Opposition has refused to buy this. While the Congress and the Left parties say the issue is sensitive and needs wider public consultation, the Samajwadi Party, which has a strong voter base among Muslims in Uttar Pradesh, feels the BJP is pushing the legislation for electoral gain.
The Rashtriya Janata Dal, which banks heavily on Muslim votes in Bihar, has accused the BJP of playing “dog-whistle politics” in the garb of gender justice. The Biju Janata Dal has asked for clarity on the three-year jail term provision.The BJP is, however, confident that the Bill will be passed in the Lok Sabha by a voice vote. “The BJP national executive in Bhubaneshwar had decided that the government must intervene to address the plight of Muslim women and ensure they are not exploited. The Bill will be instrumental in unleashing reforms in the minority community,” said a BJP leader.
Senior Congress leader Shakeel Ahmed told Express: “The government is rushing the Bill that deals with a very sensitive issue. It should first discuss the matter with all parties and community leaders to evolve a consensus.”
CPI(M) Lok Sabha MP Mohammed Salim said the Bill was a social piece of legislation with wide implications and should be referred to a standing committee so that there is wider consultation with stakeholders, including women.
“There has been no consultation process. The Supreme Court has already given a verdict and when it is already illegal, why is the government criminalising it? Moreover, triple talaq is not a rampant problem that has superseded issues like poverty, women trafficking and illiteracy. It’s just a core political game by the BJP to project the entire opposition is against it.”
CPI leader D Raja said: “In India, we have a system of standing committees scrutinising important legislations. After that, the legislation comes back to the Lok Sabha. There is a second scrutiny if needed by a Rajya Sabha standing committee, which can give a different view. It’s just a political gimmick done in a hurry with some prejudiced view,” said Raja.
RJD spokesperson Manoj Jha said: “The SC order banning instant triple talaq had sent the right message to the community. But the BJP is trying to play dog-whistle politics that exposes its shallow concern for Muslims.”Samajwadi Party member Javed Ali Khan said: “More than protecting the interests of Muslim women, the Bill aims to make Hindu fanatics happy.”
Provisions of the bill
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 criminalises instant triple talaq, making it a cognizable offence
Proposes that the practice will be a non-bailable offence
Husbands who violate the provisions will get a jail term of three years and fine
Provides for ‘subsistence allowance’ to a woman who has been given instant triple talaq, and grants her the custody of minor children
Muslim Women Ahead of Bill
Speaking on the important gender-just provisions that should
be included in the Bill, Zakia Soman from BMMA said that the
purpose of this Bill is gender justice, “Criminalization in itself
cannot serve the objective.”
Eram Agha | News18.comEramAgha
Updated:December 26, 2017, 9:27 AM IST
facebookTwittergoogleskype
Make Triple Talaq Punishable But Not Criminal Offence:
Muslim Women Ahead of Bill The Supreme Court had struck
down triple talaq terming it 'unconstitutional'. (Network18
Creatives)
New Delhi: Two days before tabling of the Muslim Women Bill
in Parliament, some women who came out against triple talaq
believe that criminalizing the practice won’t get them gender
justice, instead the law would only be a ploy for the
government to target Muslim men.
However, other victims of the triple talaq practice beg to
disagree.
Muslim women activists who fought in the Supreme Court and
had suffered because of the un-Islamic practice argue that
criminalization “cannot serve the objective” as marriage is a
civil matter.
The Muslim Women (Protection of Rights on Marriage) Bill,
2017 will be tabled in the Lok Sabha on December 28, 2017
and Ravi Shankar Prasad will introduce the Bill to “protect the
rights of married Muslim women” and stop the practice of
instant triple talaq.
Bharatiya Muslim Mahila Andolan (BMMA), one of the
petitioners in the case titled Muslim Women's Quest for
Equality, says that the Bill should be referred to the Standing
Committee of the Parliament and amendments should be
made.
Speaking on the important gender-just provisions that should
be included in the Bill, Zakia Soman from BMMA said that the
purpose of this Bill is gender justice, “Criminalization in itself
cannot serve the objective.”
Recognizing the importance of deterrence in law, the group
further demands, “The deterrence in this law should be
guided by the other progressive laws such as the bigamy law,
dowry law or the law against domestic violence. Marriage is a
civil matter and there is punishment. It should be treated like
that and there should be a fear of punishment,” said BMMA.
Citing an example of the bigamy law of Section 494 of the IPC,
Soman said bigamy is a non-cognizable but bailable offence.
“Violation of the triple talaq law should invite penalty and
punishment accordingly and proportionately,” Soman said.
However, triple talaq victim Arshiya Ismail, who is the chief
training officer in a Army College, said, “Marriage is a civil act
but instant triple talaq should be criminal. If that does not
happen, men will always find a way out.”
Ishtar Jehan, who is the crusader against instant triple talaq
hailing from Bengal, also believes it should be treated as a civil
matter.
Nazia Elahi Khan, Ishtar Jehan's lawyer said, “The
punishment for triple talaq should be stricter, preferably as a
civil matter because there are provisions. The culprit should
be put behind bars at least for three years and the Bill should
make sure instant triple talaq is punishable.”
“The Bill should lay down the procedure of divorce as per the
talaq-e-ehsan method involving reconciliation and mediation
between husband and wife over a period of at least 90 days.
Besides, in case of divorce following this procedure, the wife
should be provided financial support for herself and her
children,” added Soman.
The Muslim women groups have been calling for a codified
Muslim family law based on the Quran and compliant with the
Constitutional provisions.
“This would enable Muslim women to get gender justice in
family matters. The Muslim women must get legal parity just
like Hindu women and Christian women through codified law,”
added Soman.
Bebaak Collective, one of the women’s rights groups who
favoured a law against triple talaq on December 21, 2017
spoke out against the criminalization of instant triple talaq. The
Bill, in their opinion is a vicious ploy of the BJP government to
criminalize Muslim men with the new law.
Formulated in the name of safeguarding women’s rights, the
Muslim Women (Protection of Rights on Marriage) Bill fails in
its primary mission. Activists of Bebaak Collective that was one
of the interveners in the Supreme Court case, say, “If this law
is passed, it will not only criminalize Muslim men but adversely
affect Muslim women and children, whose survival will be at
stake.”
Rivals whet knife to slice Centre’s triple talaq Bill
By Amit Agnihotri, Manish Anand and Richa Sharma | Express News Service | Published: 26th December 2017 08:00 AM |
Last Updated: 26th December 2017 08:00 AM | A+A A- |
Triple talaq, muslim, women, burkha, burqa,
NEW DELHI: The Muslim Women (Protection of Rights on Marriage) Bill, 2017, is expected to generate much heat when Parliament’s winter session resumes after the Christmas break on Wednesday.
With the Bill likely to be introduced in the Lok Sabha on Thursday, the Opposition is preparing to target the government for rushing a sensitive legislation that criminalises triple talaq, imposes a prison term of up to three years on husbands who violate the law and slaps a fine on them.
The objective of the Bill, which has been circulated among MPs, is to ensure the larger constitutional goals of gender justice and gender equality of married Muslim women and promote their fundamental rights to non-discrimination and empowerment.
Related Article
Uttar Pradesh BJP urges AIMPLB to give up 'rigid' stand on triple talaq
Triple Talaq Bill: BJP Minority Morcha delegation thanks PM Modi
Triple talaq victims slam All India Muslim Personal Law Board for opposing government bill
But the Opposition has refused to buy this. While the Congress and the Left parties say the issue is sensitive and needs wider public consultation, the Samajwadi Party, which has a strong voter base among Muslims in Uttar Pradesh, feels the BJP is pushing the legislation for electoral gain.
The Rashtriya Janata Dal, which banks heavily on Muslim votes in Bihar, has accused the BJP of playing “dog-whistle politics” in the garb of gender justice. The Biju Janata Dal has asked for clarity on the three-year jail term provision.The BJP is, however, confident that the Bill will be passed in the Lok Sabha by a voice vote. “The BJP national executive in Bhubaneshwar had decided that the government must intervene to address the plight of Muslim women and ensure they are not exploited. The Bill will be instrumental in unleashing reforms in the minority community,” said a BJP leader.
Senior Congress leader Shakeel Ahmed told Express: “The government is rushing the Bill that deals with a very sensitive issue. It should first discuss the matter with all parties and community leaders to evolve a consensus.”
CPI(M) Lok Sabha MP Mohammed Salim said the Bill was a social piece of legislation with wide implications and should be referred to a standing committee so that there is wider consultation with stakeholders, including women.
“There has been no consultation process. The Supreme Court has already given a verdict and when it is already illegal, why is the government criminalising it? Moreover, triple talaq is not a rampant problem that has superseded issues like poverty, women trafficking and illiteracy. It’s just a core political game by the BJP to project the entire opposition is against it.”
CPI leader D Raja said: “In India, we have a system of standing committees scrutinising important legislations. After that, the legislation comes back to the Lok Sabha. There is a second scrutiny if needed by a Rajya Sabha standing committee, which can give a different view. It’s just a political gimmick done in a hurry with some prejudiced view,” said Raja.
RJD spokesperson Manoj Jha said: “The SC order banning instant triple talaq had sent the right message to the community. But the BJP is trying to play dog-whistle politics that exposes its shallow concern for Muslims.”Samajwadi Party member Javed Ali Khan said: “More than protecting the interests of Muslim women, the Bill aims to make Hindu fanatics happy.”
Provisions of the bill
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 criminalises instant triple talaq, making it a cognizable offence
Proposes that the practice will be a non-bailable offence
Husbands who violate the provisions will get a jail term of three years and fine
Provides for ‘subsistence allowance’ to a woman who has been given instant triple talaq, and grants her the custody of minor children
No comments:
Post a Comment