Tuesday, January 2, 2018

There are no two opinions that the practice of triple talaq is against all canons of justice. But the passage of the bill got mixed responses. After listening to many debates and discussions both in print and electronic media, after passage of the bill in Lok Sabha, the Centre’s justification was commendable, but I fail to understand one important issue here is that, how can divorce despite being a family affair, has now been pushed into criminal sphere. Will our judiciary uphold this? The bill in other words presumes the divorce and proceeds with a punishment of three years jail and fine. This tricky subject needs to be tackled cautiously and there is a need for wider consultations as the hasty moves will evoke suspicions. As per one of debate, the proposed law says, that instant Talaq in any form, spoken in writing or by electronic means, like mail, SMS, and Whatsapp etc would be illegal and void. A provision has been made to imprison, for 3 years with a fine for violators. But what will happen to the family when an earning person (husband) is imprisoned for 3 years? Even when the Congress supported the bill, Salman Khursheed, who is Bar-at-law, and a very senior member of Parliament from UP, Ex-Law Minister had opposed it saying that it is an intrusion into personal lives of an individual and bring divorce, a civil issue, into the realm of criminal law. The debates in English channels are sometimes very educative. What I understood is that the Islamic sharia law itself declares that there is a provision for women, that if she feels that injustice was done, to her, by this Triple Talq she is at liberty to knock the doors of the court. Therefore my personal opinion, is that may or may not prove to be a tool for gender equality, and it needs to be drafted with adequate thought and there is a need to be more sensible and inclusive approach, to issue and we need laws which allow for both marriages and dissolution to take place in less complicated and quick manner. In other Muslim countries like Pakistan a clear procedure has been prescribed, I believe some such thing should have been done. Though the bill has been brought at the instance of Apex Court, I don’t know whether It would be upheld when it is challenged in the court of law.