The crime and punishment?

“The usage of instant Triple Talaq is clearly unconstitutional and at the same time the provisions in the bill are not at all comprehensive and didn’t attempt in an affirmative action to the Muslim Women,” said Jaha Aara, an advocate from Visakhapatnam. “It is just criminalizing the husband for pronouncing Triple Talaq, which will be of no use to women. As it relates to personal life and belongs to personal law, no legislature can find entry into personal affairs,” she pointed.

“The bill is intentionally targeting the Muslim community. It is not the direction given by the Supreme Court. When marriage system and divorce is of Civil nature, how can it be turned into a criminal act. What is the motive of our legislations. On observation over the past 10 years, the endeavour of judiciary towards matrimonial cases, divorce cases and family affair cases, is to reconstruct the family system.

In contradiction, the first section of the bill is saying that pronouncing instant triple Talaq on social media, whatsapp, sms, in one go is void, illegal and liable to punishment. Secondly, the victim can approach magistrate and seek maintenance for setting apart. This is not in favour to women who will be left alone and get subjugated to more problems. It is attacking the community, and became a hidden agenda of BJP,” she emphasized.

On how a marriage should be performed, she said that the Nikahnama itself should be turned into a civil contract with terms and conditions saying no to instant Triple Talaq and the maintenance should be given according to the present standard of living, if divorce comes mutually.

“It is a boon to many women, but how will it save marriage life is the question. The government failed to organise a discussion over the drafted provisions across various sections to make refinements to the bill. I do hope that in Rajya Sabha, it gets discussed further,” said a retired professor, Amina Kishor.

The provisions can also mislead many. Is the woman really a victim of Triple Talaq or just taking revenge out of it needs to be judged before the punishment is being awarded,” she expressed.

“Earlier, for dowry, there was an immediate arrest, but later, we had to think and recheck the facts and authenticity in the complaint given. However, some strict measure must be taken but it does not mean a blanket arrangement. It should save the family, especially when there are Muslim women who have no other way but to remain in marriage.:

Jameela Nishat, founder of Shaheen's Women Resource and Welfare Association shared, “We do not want Triple Talaq. We nod to the Supreme Court verdict, but cannot accept 3 years of imprisonment. it is a matter that comes under civil law and not criminal. If the man is put behind bars who will take care of women? All Triple Talaq victims went against its practice to keep family unit together; not to break marriage with husband or out him behind bars.”

While the activists unanimously support the Supreme Court verdict. They say by criminalizing it, the bill has become self-contradictory and not maintainable under law. Many define it to be an act that neither supports Muslim women nor socially supports them.

By: Sushma Nagaraju