Thursday, October 28, 2021

Why Triple Talaq (Divorce) Bill is Wrong, Inhuman and Barbaric? Expert Opinion

Is the Triple Talaq (divorce) bill “inhuman, anti-women and barbaric? Many experts have stated that the triple talaq (divorce) legislation will damage the family and social fabric of the community. Guest Writer at EurAsian Times attempts to analyse the Triple Talaq (divorce) bill.

Why Triple Talaq (Divorce) Bill is Wrong?

1. This is clear intervention in Muslim Personal Law.

2. Marriage in Islam is a Civil Contract. Hence, it must follow the procedure which is civil in nature. This Bill seeks to criminalize a purely civil matter.

3. Supreme Court has ruled and the bill also seeks to make instant triple talaq null and void. So the utterance of such talaq, as per law, is meaningless. The bill seeks to make such meaningless utterance, a serious criminal offence. It is not understood why the husband needs to go to jail when the marriage is subsisting and valid. Muslim man pronouncing instant triple talaq is liable for punishment for a “crime” that effectively does not take place.

4. No judgment of Supreme Court of India has directed for such criminalization. Supreme Court has nullified the triple talaq and asked to bring legislation in this regard. It did not ask for criminalizing the breach of a civil contract.

5. Mistreatment and desertion of wives and dependents is a general social problem prevalent in all communities. The bill seeks to make it a religion-specific issue by targeting specifically and demonizing the Muslim community. This is a clear violation of Articles 15 and 16 of the Constitution of India.

6. Since it is a cognizable offence, the police can arrest the Muslim man who pronounces instant triple talaq without a warrant and police can initiate a probe in the matter of instant triple talaq after registering an FIR without waiting for an order from the magistrate. It takes away the additional layer of judicial oversight that was present in the case of offences related to marriages to prevent third parties from seeking redressal of wrongs committed between two private parties. It may give another weapon to Policemen for atrocities against Muslim men and families.

7. This bill also punishing innocent children. Under this bill, the woman will get the custody of the children. Irrespective of religious consideration and other issues like the divorce between wife and husband this is unfair on fathers. In all cases of separated and divorced families, children must be under joint custody. Fathers have a beneficial role in a growing child’s life. On that point this bill punishes children.

8. The bill has no provision for the sustenance of the wife and the dependents of the accused man as it cannot make an accused person facing imprisonment up to three years, the guardian of the minor children.

9. The bill has no procedural safeguards to prevent its misuse. It is therefore manifestly arbitrary and therefore is a violation of Articles 14 (Equality before law) and 21 (Protection of life and personal liberty) of the Constitution. Familial disputes and bitterness may result in false complaints and the husband may land in jail.

10. It is the fact that this 3 years imprisonment for a male person is an ultimate and indirect punishment to innocent women. It may not give a chance to reconcile among wife and husband.

11. This bill also suffers a similar flaw as in case of section 498A of IPC which has turned out to be a futile piece of legislation.

Triple Talaq (Divorce) Bill: What Needs to be Done

1. There is no need for any such bill. Domestic violence and verbal abuse and other forms of violence are already covered in the existing legislation.

2. If at all any legislation, is needed, it should be general legislation prohibiting the deserting of wives and protecting their interests, for all communities.

3. To initiate such changes, the bill should be given to a select committee that should consult the communities, women’s organizations and other stakeholders and suggest a suitable.

The EurAsian Times is an English Language Digital News-Site, which specializes in reporting News and Editorials on South Asia, Asia Pacific, Middle East, and the Eurasian Region. EurAsian Times has a strong editorial presence in New Delhi, Dubai, Karachi, and Toronto and have expertise in penning editorials on Defence, Politics, Health, Education and International Relations. A team of highly trained journalists, activists, freelancers and artists contribute to the EurAsian Times, apart from the coverage by its staff writers. The views of the writer may not necessarily reflect the views of the EurAsian Times.

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