It is terrible that the Triple Talaq Bill did not receive majority approval in the Lok Sabha and Rajya Sabha.
The approval of the Triple Talaq Bill in Rajya Sabha is a positive step forward. Although this has been long overdue, and Muslim women have been calling for it for many years, it represents a historic step forward in ordinary women’s campaign for gender justice. Muslim women have been denied legal equality with Hindu and Christian women, who have legal protection through statutes such as the Hindu Marriage Act and the Indian Divorce Act. This does not imply that patriarchy is a bad thing that has been eradicated from our culture and politics, but legal fairness is essential in a democracy.
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Over the last decade, Muslim women have begun to speak out against the practice of Triple Talaq. Several women contacted the Supreme Court and spoke out in public, requesting that this injustice be stopped. Women reminded the government and those in opposition of their constitutional commitment to ensure gender justice for all women, especially Muslim women. Unfortunately, this bill did not pass unanimously in both the Lok Sabha and the Rajya Sabha. The major parties fail to recognise the writing on the wall about the desire for change emanating from the Muslim population. They appear to feel that this is the province of patriarchal priests rather than women.
In a democracy, the legislature has the privilege and indeed the obligation of making laws. However, the fact that the BJP is in power at the national level appears to be weighing on the minds of the opposition and certain traditional members of the community. However, gender injustices like Triple Talaq, Nikah Halala, and polygamy predate the BJP rule. The Muslim Personal Law Board and other conservative organizations have effectively stymied any attempt to reform Muslim Personal Laws. The Indian public will never forget the Shah Bano affair of 1986, in which the government, legislators, and religious collaborated to reverse a Supreme Court decision. It is only natural for the BJP to take advantage of the window of opportunity that this type of politics presents. Not unexpectedly, popular opinion strengthens the thesis of Muslim appeasement, resulting in increased support for the BJP.
The current rule may not be perfect, and it may not immediately transform the lives of Muslim women. However, legal reform is an integral component of a much bigger social reform process. This measure would help women and all others strive for gender equality. The primary reason for resistance to this law is that it criminalizes the practice of Triple Talaq.
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The intention is not to punish but to establish a deterrent. Punishment would place negotiation power in the woman’s hands, who would most likely be able to persuade the husband to compromise. During the procedure, he may offer her child custody, a place to reside, the return of her property, or any other form of support. It might be used as a kind of accountability. In any event, conviction rates for bigamy in Hindu marriage, dowry, domestic violence, or even child sexual assault are pitifully low.
The law classifies Triple Talaq as a bailable and compoundable offense. In practice, this implies that if the woman and husband can reconcile or reach an amicable divorce settlement, there will be no judicial case.
Many individuals are also concerned that Muslim women may utilize the Act to exact revenge on their husbands. Laws protecting human rights must be scrutinized regularly to ensure that they are not being abused. They used the same reason to weaken the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and other women’s rights legislation. The obstacle with the law is that it does not accomplish what it was designed to do.
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The proposal would assist in ensuring married Muslim women’s more significant Constitutional aims of gender justice and gender equality and their fundamental rights of non-discrimination and empowerment. It should understand that prohibiting triple talaq is not the problem, and gender cannot attain justice by vilifying a group of people over a civil contract.
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