Triple Talaq Bill: will criminalising men help Muslim women?

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 (Triple Talaq Bill) has been passed in Loksabha on Thursday.

The Bill has been drafted in the aftermath of the Supreme Court decision in the case of Shayara Bano v. Union of India & Ors., wherein the court declared the practice of triple talaq as unconstitutional. The Statement of Objects and Reasons of the Bill notes that the judgement has not worked as a deterrent in bringing down the number of instances of triple talaq.

Sections 3 of the Bill States that “talaq-e-biddat” shall be ‘void’ and ‘illegal’. This is followed by consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine.

The Supreme Court in the matter of Shayara Bano Vs. Union of India and others and other connected matters, on 22nd August, 2017, in a majority judgement of 3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain Muslim husbands to divorce their wives. This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation.

The petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said practice is discriminatory and against dignity of women. The judgement vindicated the position taken by the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution. The All India Muslim Personal Law Board (AIMPLB), which was the 7th respondent in the above case, in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on the same. They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice.

In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce.

In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them. The Bill proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children.

The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.

Salman Khurshid against instant Triple Talaq

Senior Congress leader and a liberal Muslim face of the party, Striking a strong opposition to the proposed bill on the instant triple talaq, Salman Khurshid said he is against criminalising triple talaq. He maintains the court orders are enough to act as a detriment but further action of turning into law will prove counter-effective.

Elaborating on the same, Khursid added, “By criminalising the man, how are you helping the woman? The instant triple talaq does not stand anymore, so if he decides to divorce the woman, he needs to wait three months as per (Islamic) law. This is to satisfy other responsibilities he has to fulfill for the woman (and family) which he may choose not to, if sent to prison. Prisons are full of petty criminals; do we need to add more under – trials? Instead, we should be working the other way.”

The women from Muslim community had chosen to welcome the court initiative that deemed instant method as null and void. “Women who initially supported the action to remove legality are now saying they never asked to criminalise it.”