First woman moves Supreme Court over triple talaq law

Source: Hindustan Times dated 09.07.2020

-- Abraham Thomas
Link to the article: https://www.hindustantimes.com/india-news/1st-woman-moves-sc-over-triple-talaq-law/story-GDNz12PC0SSXEXNrNZWm0O.html

The law was passed in July 2019 after intense debates in both the lower and upper houses of the Parliament, with opposition parties stating that the law targeted the Muslim community even as the centre asserted that the law would help achieve gender justice for Muslim women.

A Kerala lawyer has moved the Supreme Court against a law that criminalises the practice of granting instant divorce becoming the first Muslim woman to do so since Parliament passed the legislation in 2019.

Noorbeena Rasheed on July 6 challenged the Protection of Rights on Marriage Act, which provides for a three-year punishment for talaq-e-biddat, a practise also referred to as Triple Talaq, which is practised among a small section of Muslims in the country. “The protection of women cannot be achieved by incarceration of husbands,” her petition stated.

Issuing a notice to the Centre, a bench of three justices led by N V Ramana on Monday admitted Rasheed’s petition, which will be heard with nine similar pleas challenging the law’s validity. The other petitioners include organisations like Jamiat Ulama-i-Hind, All India Muslim Personal Law Board, Muslim Advocates Association, and two individuals. The petitions have called the law disproportionate as well as excessive and stringent and sought that the court hold it unconstitutional. A date for hearing these petitions has not been listed as yet.

The law was passed in July 2019 after intense debates in both the lower and upper houses of the Parliament, with opposition parties stating that the law targeted the Muslim community even as the centre asserted that the law would help achieve gender justice for Muslim women.

Rasheed’s petition questions provisions of the law including one which allows relatives of the women to file complaints. The petition stated that this provision could potentially destroy marital relationships in case of false complaint. “This provision is highly detrimental not only to the wife but also to the marital relationship.”

Her petition also sought clarification from the Centre on the assessment that underlies incarcerating Muslim men for divorcing women. “Welfare-oriented legislation would promote amicable resolution of matrimonial disputes rather than criminalise marital discord, particularly criminalisation of only one community…the intent behind the Act is not abolition of triple talaq [instant divorce] but punishment of Muslim husbands,” her petition said.

Rasheed’s lawyer, Zulfikar Ali, said they want to highlight how the law will be detrimental to the interests of Muslim women, which it seeks to protect.” He added Rasheed is also the national general secretary of the Indian Union Women’s League, which he described as the country’s largest Muslim women organisation affiliated to the Kerala-based Indian Union Muslim League (IUML). IUML has three members in Parliament’s lower House, or Lok Sabha.

In August 2017, a five-judge bench of the Supreme Court had declared the practice of talaq-e-biddat (a heretical form of divorce based on a husband pronouncing divorce thrice in quick succession) as unconstitutional. The practice is banned in most Muslim countries including Pakistan.

The verdict came on a petition of five Muslim women, including lead petitioner Shayara Bano, who were abandoned after their husbands pronounced instant divorce.

The Centre initially issued an ordinance after the verdict to criminalise the practice of triple talaq for the want of majority in Parliament’s upper house, or Rajya Sabha, before bringing the law.

The law makes the practice a cognisable offence. An offence of such a nature allows the police to carry out arrests without a warrant. Serious crimes such as theft, rape, and murder are also cognisable offences.

In its petition, Jamiat-Ulama-I-Hind has said there are graver offences like rioting and bribery under the Indian Penal Code for which there is a lesser punishment than instant divorce.

Law and injustice: instead of a separate law on triple talaq, Centre should have framed a just law for all

Article in the Indian Express dated August 14, 2019 regarding Triple Talaq by Razia Patel (Chairperson, Muslim Mahila Sanvidhan Hakka Parishad). Link to this article:

http://epaper.indianexpress.com/c/42474431

A step for gender justice

Article in the Indian Express dated August 2, 2019 regarding Triple Talaq by Bhupender Yadav. Link to this article:

http://epaper.indianexpress.com/c/42061332

Power, not justice: criminalising triple divorce

Article in the Indian Express dated August 1, 2019 regarding Triple Talaq by Faizan Mustafa (VC, NALSAR Univ. of Law, Hyderabad). Link to this article:

http://epaper.indianexpress.com/c/42025303

Taking down patriarchy

Article in the Indian Express dated August 1, 2019 regarding Triple Talaq by Shazia Ilmi. Link to this article:

http://epaper.indianexpress.com/c/42025258

A historic moment for social justice

Source: Hindustan times dated 01.08.2019

Zakia Soman (Founding member of the Bharatiya Muslim Mahila Andolan, one of the petitioners in triple talaq case)

Criminalisation is a key deterrent against triple talaq. Social reform must follow the legal change

The passing of the law against instant triple talaq is a historic moment. Reform in Muslim personal law has been mired in politics and patriarchy for decades. Gender justice for Muslim women in marriage and family has been of no interest to anyone. But this unfortunate reality began to change in the last 10 to 12 years, with Muslim women raising their voice, and demanding fair play in family matters.

Unlike in 1985, when the lone voice of Shah Bano was crushed by all — government, politicians, clergymen — several Muslim women have publicly demanded an end to instant triple talaq to bring fairness in divorce practices. They have approached the Supreme Court, made appeals to Parliament, and put pressure on the government and the Opposition. All of this, eventually, culminated into public discourse and support for the abolition of instant triple talaq.

Much of the opposition to the Muslim Women (Protection of Rights on Marriage) Bill, 2019 has been because it was brought about by the Bharatiya Janata Party (BJP)-led government. But most of the so-called secular

political parties failed to see the currents of change within the community. Every woman affected by instant triple talaq is also somebody’s daughter, somebody’s sister, somebody’s mother, and the practice leads to pain and trauma for the whole family.

Besides, there has been a growing awareness about Quranic injunctions on gender justice. Today, Muslims are aware that instant triple talaq is not sanctioned by the Quran. The conservative All India Muslim Personal Law Board could not achieve much success in their attempts to invoke fear of “interference in shariat (Islamic law based on the teachings of Quran and traditions of the Prophet)”. Sadly, the so-called secular parties remained ambiguous, and did not openly support the agitating Muslim women.

This provided a window of opportunity to the BJP beyond their stated commitment to the Uniform Civil Code. It is pointless to go into the motivations of the ruling party, but do note that the Constitution mandates legal protection for women. It speaks volumes for the kind of secularism practised in our country that it took seven decades for a legislation over triple talaq to become reality.

One of the key objections to the new law is that it criminalises instant triple talaq, which is a civil matter. I welcome the law, while stating that the objective is not to punish the man, but to ensure justice and fair play to the victim woman. Nevertheless, a law would be meaningless without deterrence. Triple talaq has been taking place despite the SC judgment banning it. In such circumstances, what is the aggrieved woman supposed to do? She can do little else apart from quoting the judgment to the husband determined to pronounce talaq and throw her out.

However, the law enables reconciliation between the two, by making the offence bailable and compoundable. The fear mongering is unfounded as the First Information Report can be registered only by the wife or family members — all of whom would be fellow Muslims. The demonisation of the woman that she is waiting for the law to send the husband behind bars is ludicrous, and undoubtedly, patriarchal. After all, we are aware of the pathetically low conviction rates in cases dealing with, for example, bigamy, dowry, domestic violence and child sexual assault.

Those opposing the triple talaq law never engaged with the question of justice for Muslim women, but are now suddenly concerned about the harm that the law would bring. Their argument — “Who will provide for her for the three years when the husband is in jail?” — makes me laugh. For heaven’s sake, how did they learn that the husband pronouncing instant unilateral talaq follows up by providing maintenance to the wife he has just divorced? There are hundreds of documented cases of women saying that they did not receive a dime from the husband. Not just that, in several cases, the husband took away even her belongings and the items woman brought with her at the time of marriage.

The opposition to the bill smacks of political motivations, patriarchal mindsets, and utter lack of understanding about the lived realities of Muslim women. Some well-known figures too have joined the opposition – as, in their eyes, the BJP government can do no good ever. In throwing out the baby with the bath water, they are unwittingly contributing in retaining the male-dominated status quo.

It is not my case that the law will drastically and immediately change the lives of Muslim women. Legal reform is an important aspect of a much larger process of social reform. Large sections of Indian Muslim are poor, educationally and economically deprived. They are under threat from communal violence and discrimination. The triple talaq law will have to be followed by awareness, education and empowerment of both women and men. It will support the efforts of those who are engaged within the community working for social justice, empowerment and democracy.