The Triple Talaq Bill: A Final Step To Settle Gender Justice Debate Among Muslims

Pixabay

I’ve written a post earlier on the issue of triple talaq in June last year when the government opposed that in the Supreme Court. The SC held that talaq-e-biddat or instant triple talaq is unconstitutional, arbitrary and thus declared it void. Now, the legislation is being done with the continuation of the judicial declaration, with a triple talaq bill already been passed in the Lok Sabha and waiting to be passed in the Rajya Sabha. The bill shall provide a legal right to the Muslim women against this practice and make it a "criminal and non-bailable offence".

But, some Islamic scholars and ‘secular’ politicians are questioning the authority of the Parliament. Isn’t it the Legislature that is formally authorised to initiate and bring reform in the society? Triple talaq is an unjust practice that has been carried out in independent India which is shameful. This practice has been even discontinued in many sharia abiding countries. The parliament has only initiated the legislative process in the continuance of the SC verdict. Some scholars even argued that the Judiciary has no right to intervene in this matter. They said Muslim personal law is not really a ‘law’, it is a ‘religious’ matter and they’ve a fundamental right to practice their religion.

The need for legislation despite judiciary declaration of the practice being unconstitutional stems from many previous such judgements. For instance, untouchability in any form is not permitted by the constitution. But this practice cannot be discontinued unless there would be a legal provision punishing the same. Similarly, the right to education has been declared as an integral part of Article 21, so denying a child education was unconstitutional, but we all know, it is only after the enactment of Right to Education Act by the Parliament, children get their right of education. Therefore, it is very essential to have a legislative and executive framework to make a genuine change on the ground.

However, Kapil Sibal, a Congress leader, former Union Minister and a lawyer is fanning the hysteria. According to him, the only intention of this bill is to criminalize this ‘1400-year-old’ practice of talaq-e-biddat, and therefore, government’s intention is to target Muslim men. below is a screenshot of an article that he had written in The Hindu.

But, how can a practice be stopped without making it cognisable and proposing punishment for the same? The maximum punishment for triple talaq is prescribed to be three years, which would be given only in exceptional cases.

The opposition has unnecessarily created turmoil over the bill claiming it to be an intrusion into Islamic law. They could have suggested some constructive changes they deem fit, after thorough deliberation and utilized the parliament’s time in some good use. Bringing religion and invoking secularism is not going to help in this case. Talaq-e-bidat or instant triple talaq is, by all means, an outright unjust practice that has been carried out for decades in the name of secularism, and it must be abolished by the means of law.

Comments

Exploring the Anglo-Norman Period in English Literature

The Anglo-Norman period in English literature, roughly spanning from the Norman Conquest of 1066 to the mid-14th century, represents a pivotal era of transformation in the literary landscape of England. This period, initiated by William the Conqueror’s victory at the Battle of Hastings, brought profound cultural and linguistic changes that reshaped the production and development of literature in England. Below, we explore this dynamic period by examining its historical context, the dominance of French and Latin literature, the persistence and evolution of English literary traditions, and the lasting influence on the trajectory of English literature. Historical and Linguistic Context The Norman Conquest of 1066 marked a significant turning point for England, introducing a new ruling class of Norman French speakers. This event established a linguistic hierarchy : French became the language of the court, administration, and the elite; Latin remained the language of the church and sch...

Indian Rupee Demonetisation: Why It Cannot End Corruption Or Even Black Money

It was November 8, when Prime Minister Narendra Modi, in a dramatic announcement, decided to scrap or demonetise two high-value Indian currency of the denomination of ₹500 and ₹1000. It means 85% of currency in circulation will no longer be a legal tender. All that precious notes have been converted into wastepaper overnight. It became the biggest talking point in every Indian household — from Kashmir to Kanyakumari and from Kutch to Arunachal Pradesh. After all, in a country where 98% of all transactions are conducted in cash, it was a big jolt. Demonetisation is usually associated with degrading economies and hyperinflation and often done by military dictatorships. It was surprising that a popular and democratically elected prime minister of a booming economy has resorted to demonetisation. Black money is the money held by people that have evaded taxation. It is illegal hoarding of unaccounted money which tends to exacerbate inequality because the biggest evas...

Does India As A State Obliged Towards Her Citizens For Providing Them Employment?

As the Modi-led BJP government has failed to rescue India from Job crisis in its five-year term, the question is whether the government has done enough to maintain the equilibrium in the job market of the country? And whether or not the government should be held liable for creating this crisis in the first place? Screenshot from movie 3 idiots Article 41 {Right to work, to education and to public assistance in certain cases} under DPSP says: “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.” The DPSP cannot be enforced by any court, but the principles laid down in this part are nevertheless fundamental in the governance of the country, and it should be the duty of the State to apply these principles in making laws. We also need to look back to Mo...

Why Unemployment Should Be The Blazing Problem For 2019 Election

In 2014, BJP in their campaign claimed that: there is no Modi-wave but it is the Tsunami of Narendra Modi (TsuNaMo). It now appears that the TsuNaMo was actually Tsunami of joblessness and has silently brought a massive disaster in India. The major victims are the young people who after finishing their education were hoping for a great career ahead. It is the TsuNaMo that has crushed their hope. Now that chowkidar Modi is going for his re-election, it's time to make him accountable. Image for representational purpose only If the 2014 election was fought on the issue of corruption, 2019 could have been fought on the issue of unemployment. But it doesn't seem to be progressing that way. As the election approaches, Indian weather is becoming hot with topics associated with nationalism such as Kashmir. The separatists and the deshdrohis speaking about azadi and removal of the army from disturbed areas of Kashmir only help ...

Accidental Prime Minister Compels India To Talk Manmohan Singh And Corruption Before Election, A Review

The media advisor to former prime minister Manmohan Singh, with his boring job, has been able to commercialize a story of his boss right to the screen. No one would have imagined this possibility when the book was launched in the midst of the 2014 election; when it also made a buzz with the allegations giving birth to controversies. But with the change of government after the election, things cooled down and people forgot their highly qualified yet good-for-nothing economist PM. Only till next election though. ⭐⭐ (2/5) Directed by - Vijay Ratnakar Gutte Starring - Anupam Kher, Akshaye Khanna, Suzanne Bernert Storyline: Non-fiction, dramatized biography of former PM Manmohan Singh Prime characters Sanjay Baru: Media advisor to the PM and the narrator Manmohan Singh: The Accidental Prime Minister (2003-2014) Sonia Gandhi: The villain-in-chief, is an evil Italian woman using proxies to get hold of power and control things remotely through Manmohan Singh Rahul Gandhi: ...

The Great Indian Bank Fraud - A Look Into PNB SCAM

India’s second largest bank, PNB, has been duped with a massive amount of 11400 cr by a billionaire jewellery designer Nirav Modi, now a fugitive. Before being named and investigated in the mega- bank-fraud, the celebrity designer has been featured in Forbes India's Richest People List 2016. Not to mention, Mr Modi has been seen in the World Economic Forum summit at Davos with PM Modi himself. It explains his network. There must be multiple levels of corruption involved in Nirav Modi scam — from the highest management in the bank to bureaucracy, all must have colluded together to make this scam come true. Netas, too, are part of big businessman-banker nexus as they are the ones who fund the election campaign secretly. To reiterate, political parties fundings still do not come under the scanner of RTI. Indian Banking Exposed PNB, in a statement, said that fraudulent transactions took place in one of its branches in Mumbai with their apparent connivance. A single br...

A Glimpse Into The Life Of India's Most Trusted Batsman - Rahul Dravid and The World Cup

image credits- Chubby Chandru THE LEGENDARY CRICKETER, Rahul Dravid has finally quenched his desire of lifting a Cricket World Cup, though not as a skipper, not even as a player — but as a coach. Undoubtedly, it is the hard work of the boys involved in the game, who give their output on the ground and are directly responsible for the results. However, the hard work needs to be in the right direction and like any other sport, in cricket too, the team needs a right strategy to win the game. That's when the role of experience comes in, and who is better experienced than “the wall” himself. At his time, he was the most-trusted batsman of the Indian team. He performed when everyone else in the team surrender. He is the one who absorbed the deadly bowling attacks with remarkable ease. He is the one who rescued the team from the jaws of a humiliating defeat. He is the one who set up a massive target for the opponents and by the mere presence of the wall shatters their hopes. ...

Social Mirror

Search This Blog