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...

Sanjay Dutt Hero Or Villain? A Review Of Sanju Baba’s Journey As Both

The Sanjay Dutt biopic “Sanju” was released on 29th of June made by one of the best filmmakers of the B-town, Rajkumar Hirani. It was marketed as an “unbelievably true story”. Indeed Dutt’s journey is unbelievable. However, there have been many unbelievable personalities too such as Dawood or Osama. Sorry for comparing Dutt with Don and Terrorist. The drugs, booze, women, and AK 56 make Sanju a largely negative character in the real world. Not his fault, according to the film. Some people say Sanjay Dutt doesn’t deserve a biopic as there are many “good” people, with their “good” work, that go unnoticed. The argument over whether Dutt deserves a biopic or not is inane. It’s like saying Dhoni’s biopic should have been made after his retirement. The truth is, biopics are made on interesting people, not the good ones, especially if it is of commercial in nature. If that interesting people is a negative character, it gets more publicity. Also, a “fictional” biopic cannot be real. Be i...

A Mesmerizing Winter Morning

WAKING UP on a winter morning takes courage. It is a sort of sacrifice only a few people are able to make, those having a remarkable will-power. Unless you have a strong reason to get something done, making this sacrifice is a herculean task, almost impossible. In winter, there is a joy in oversleeping, in cuddling up under a nice warm and cosy blanket. What most people do is— they wake up, see the time, and get back to sleep again. Even when being awake, it becomes extremely difficult to actually get up and resume our work or study. What happens is that our mind succumbs to the bodily comfort of enjoying a great peaceful sleep underneath a blanket. I, too, belong to this group, the group that is not ready to give up morning sleep easily on any day; and when it comes to giving up the sleep of a winter morning, we just cannot. However, one day, on a fairly cold winter morning, when I supposed to be in the sleep mode, I not only got up early but went for a walk too. Dressed up ...

The Official Arrival Of #MeToo In India

American civil rights activist and founder of neo-feminist movement #MeToo, Tarana Burke asked women to open up about sexual harassment they've experienced in the past, or facing it right now. She said, “ You don’t have to tell your story, you just have to say Me Too. ” Since then, there have been shocking accounts of women describing their unfortunate experiences, and thereby holding a mirror to the civilised society. They range from stories of assault to stalking to intimidation. With each further account making clear that there was a systemic pattern of abuse and silence. Now as a hashtag, #MeToo symbolises solidarity and support of thousands and is today one of the most momentous contemporary movements globally. The reason for the success of this movement, obviously, is the popularity of social media and the involvement of many well-known people mainly from the entertainment industry of Hollywood. MeToo Arrives India Now, it seems that MeToo has arrived India. ...

A Reality Check of Bihar on Bihar Diwas

It's 22 March Today. It's Bihar Diwas (Bihar Day), a very special day for Bihar and Biharis. It is a day of political and cultural awakening among Biharis. However, instead of just pushing jingoism, let's do a reality check on the present state of Bihar. Bihar, historically a cradle of civilization with intellectual hubs like Nalanda and Vikramshila, faced economic decline over centuries due to colonial exploitation, natural disasters, and post-independence neglect. By the mid-20th century, the state struggled with poverty, unemployment, and underdevelopment, lagging behind India’s more industrialized or urbanized regions. This economic hardship pushed waves of Bihari laborers to migrate to cities like Delhi, Mumbai, Kolkata, Bengaluru, etc. in search of work, often taking up low-paying manual jobs—rickshaw pullers, construction workers, or street vendors. In these urban centers, they became visible symbols of rural poverty, and their sheer numbers made them an easy targe...

The Sensational Case of Salman Khan and Black Bucks, After Two Decades Justice Served?

Before beginning, I would like to reiterate that Salman Khan is just a cinema star, nothing more nothing less. So leave celebrity worship aside and try to be pragmatic. Salman Khan’s past was nowhere similar to his modern-day superhit films. Infamously known as the bad boy of Bollywood, he has been directly involved in criminal cases of pretty grave nature. Hit-and-run case , in which he allegedly under the influence of alcohol ran his car on the footpath in which one person was killed and four got injured. In that case, first his driver was made a scapegoat but a little while later, things became murky the result of which Khan was acquitted by the Mumbai HC in 2015. His relationship with Aishwarya Rai (Bachchan) fetched an excellent TRPs to our media, first with and rumours about their relationship, then with confirmed rumours, and even after the break-up, when former miss world accused him of harassing her. Black Bucks/Chinkara poaching case , about which this post is all abo...

Pakistani Cricketers Anguish Over Kashmir, Or Their Inability To Play In IPL?

From the colonial times, cricket and politics remained an inseparable thing in the Indian subcontinent. Ashutosh Gowariker’s "Lagaan" gives a hint of when did they began mixing together. But the whole episode of Bhuvan ’s struggle of not paying the lagaan (taxes) to the British government —at times of monsoon crisis ( ghanan ghanan )— becomes small and insignificant, if politics over cricket between India and Pakistan is taken into account in the past few years. Just a few days before the commencement of Indian Premier League (IPL) 2018, Pakistani cricketers began to shower their ‘alleged’ love and sympathy for Kashmir, now when they know couldn't take part in IPL, they are showcasing their outrage on Twitter —not against IPL— but against Indian army and India as a state. After the 2008 Mumbai attacks, perpetrated by Pakistan based terror organization ' Lashkar-e-Taiba' , the Indian government has put a ban on Pakistani players from participating in I...

Social Mirror

Search This Blog