Facts Triple Talaq bill is it a good law or bad law passed by BJP Govt.

Facts Triple Talaq bill is it a good law or bad law passed by BJP Government

What is Triple Talaq?
 An instant and irrevocable divorce where a Muslim man can divorce his wife by saying “Talaq" thrice
The husband does not need to give a cause for divorce or the presence of his wife during the announcement.


Pakistan, Bangladesh, Tunisia, Egypt, Iraq, Turkey and Iran have banned Triple Talaq.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 28, 2017, the bill was passed by voice vote in lower house.

Below are the Important provisions of the law which was passed by the BJP government.

1- Purpose of the bill subject - to protect the rights of married Muslim women and to prohibit divorce by pronouncing Talaq by their husbands and to provide for matters connected therewith or incidental thereto.

2-name of the act - Muslim Women (Protection of Rights on Marriage)
Act, 2017

3-the act will apply to the whole of India except the State of Jammu and Kashmir

4-The Bill makes all declaration of Talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal

5-It defines Talaq as Talaq-e-biddat or any other similar form of Talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.

6-Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘Talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

7-The Bill makes declaration of Talaq a cognizable and nonbailable offence. (A cognizable offence is one for which a police officer may arrest an accused person without warrant.)

8-A Muslim husband declaring Talaq can be imprisoned for up to three years along with a fine.

9-A Muslim woman against whom Talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be decided by a First Class Magistrate.

10-A Muslim woman against whom such Talaq has been declared, is entitled to seek custody of her minor children. The determination of custody will be made by the Magistrate

Section 3 -  Any pronouncement of Talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

Section 4 - Whoever pronounces Talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine

Section 5 - Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom Talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.

Section 6 - Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of Talaq by her husband, in such manner as may be determined by the Magistrate

Section 7 - Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code

The bill will now be sent to the upper house, or the Rajya Sabha
Once the Upper house passes the bill, the bill will go to President of India, once he signs the bill, the bill will become a law.

Now question is the act The Muslim Women (Protection of Rights on Marriage) Bill, 2017 passed by BJP government in lower house, is it a good a law or a bad law?

India needs to ban the instant Talaq, triple Talaq but the law act which BJP government brought is a faulty law bad law.


Why the law is bad, why law is faulty?
Below are the reasons

1- Marriage in Islam is a civil contract here for a civil contract BJP brought the criminal law.

2- The crime is cognizable and nonbailable. Cognizable means anyone can inform the police and if police officer wants he will take the action and Muslim husband will go to jail even if divorce female does not want to file a police complaint.

3- The purpose of the law is to safe guard marriage, but husband who will go to jail, will he stay happily with wife after returning from jail
Answer is No, after staying in jail, if he gets forced to stay with wife I fear that such husband will murder her or may end up beating her every day until another court case.

4-Section 5 - Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom Talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.

When husband will be in jail how he is supposed to earn and pay allowance to his wife and children.

The parents of husband, who is in jail will they keep daughter in law in their home if the home belongs to them.

5- it will be very difficult for any women to prove that her husband gave her divorce by uttering triple Talaq, but because of this law once police officer will get involve in the family matter it will destroy the family life.

6- after triple Talaq the position of Muslim wife becomes same like an abandoned wife.
This happens in all the religions, government needs to bring law to regulate and give justice to all abandoned wives irrespective of religion, caste.

7- Just like section 498-This law will get misused by some females not all females.

The fear of death punishment does not stop people committing crime of murder or a rape or looting bank or ATM without any fear same way the punishment of 3-year jail term will not stop Muslim men uttering triple Talaq.

We got law to stop child marriage still they happen

We got section 498A – still Hindu married females get beaten

We got Dowry prohibition law – still the custom is alive and families pay dowry and families demand dowry and even murder bride for not receiving the dowry amount or car.

Government of India needs to scrap this bill and needs to bring a civil remedy to correct civil crime In Islam marriage is a  contract

There is no need to criminalize the act of triple Talaq, just need to ban the triple talaq and give civil punishment to such husbands like fine of Rs. 5 lakh or 10 lath payable to wife.

A five-judge Constitution bench, by a majority of 3:2 had declared the practice of Triple Talaq illegal on August 22, 2017

Thus government has not done anything super or great or took historical decision by bringing this new law, a bad law which may end up in harassment of Muslim men by the people who hate them.

Supreme Court ordered already made Triple Talaq illegal.
 

Reality views by sm –

Friday, December 29, 2017