This is an archive article published on July 31, 2019
Passage of Triple Talaq Bill ‘will create fear among Muslim community’, say activists
The legislation will unfortunately provide no relief to Muslim women as instead of adopting a secular common law like the domestic violence Act which is already available, this law has criminalised the process, social activist Razia Patel said.
The Muslim Women (Protection of Rights on Marriage) Ordinance was first notified on September 19 last year, hours after the Union Cabinet had cleared it. (Image for representational image)
Several social activists on Tuesday criticised the triple talaq Bill, especially the provisions that make the practice a criminal offence, and said the new law would not bring any relief to Muslim women.
Passage of this law will create a sense of fear among the community instead of providing relief to Muslim women, social activist Razia Patel told The Indian Express. The legislation will unfortunately provide no relief to Muslim women as instead of adopting a secular common law like the domestic violence Act which is already available, this law has criminalised the process, she said.
“The main question is whether this will provide justice to Muslim women. Clearly the answer is no,” Patel said. “It has many contradictions. For instance once the husband is jailed, how will he provide maintenance. Criminalisation of family law shows ill intention of this government against the Muslim community. This was unnecessary,” she added.
“For several years the BJP has been talking about uniform civil code but now they have made special laws for the Muslim community and are also using shariat to find out support for the same. Passage of this law will create a sense of fear among the community instead of providing relief to Muslim women,” she told The Indian Express.
Kiran Moghe, secretary of All India Democratic Women’s Association, said that the Bill should have gone to a select committee so that all sections would have had an opportunity to present their views. “There are aspects about which there is no consensus yet. For instance, the criminalisation of divorce, which is a discriminatory provision via a vis other communities,” Moghe said.
“Also was there really a need for a law when the SC had already declared triple talaq as null and void in earlier cases. So this is part of the BJP’s communal politics targeting Muslim men in the name of women’s empowerment,” Moghe said.
Anwar Rajan, trustee of Maharashtra Gandhi Smarak Nidhi, who has been part of the struggle to bring a ban on the unilateral triple talaq form of divorce, however, was disappointed with the way legislation was being brought out. This is not a solution but will pose several problems, he said.
Sayyedbhai, founder member of Muslim Satyashodhak Samaj, welcomed the move would benefit Muslim women.
Anuradha Mascarenhas is a journalist with The Indian Express and is based in Pune. A senior editor, Anuradha writes on health, research developments in the field of science and environment and takes keen interest in covering women's issues. With a career spanning over 25 years, Anuradha has also led teams and often coordinated the edition.
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