Talaq-e-biddat:The brouhaha is over.
The Muslim women(Protection of Rights on Marriage) Bill, 2019 has become an Act after it being passed by Parliament and given presidential assent. Now the muslim husbands can no longer invoke this practice of talaq-e-biddat to become free from marriage and marriage related obligations. The Act makes the practice of talaq-e-biddat not only void and illegal but a penal offence also.
The said Act is a bold step forward by the government which truly appreciated the plight of married muslim women. The muslim women have remained a discriminated lot in ways more than one. The Act provided them to breath in open. With this enactment there remains no need among the married muslim women to labor under the constant fear of being subjected to this form of divorce what the muslim husbands thought it to be their privilege that can be exercised as and when they feel so.
I don't know whether or not the muslim jurisprudence or personal law deprecates this sort of unilateral, arbitrary and callous actions on part of muslim husbands but apparently it doesn't impose any punishment to muslim husbands. In absense of this they get emboldened to exploit this practice that makes most of married muslim women bewildered, wretched, dejected and leaves them in the lurch. A single moment witnessing pronouncement of triple talaq by muslim husband to her wife proves ruinous to the latter.
Doesn't it smack of arrogance on part of male against female living together to make a family? Does it not assault the dignity of women? That too under the protection of personal law!
Yes it is;Otherwise, no such demands from muslim women had gain momentum forcing the Apex Court as well as Parliament to intervene in favour of muslim women. Even the general public opinion worked against this practice. Custom, tradition, personal law, beliefs etc. should not be supported in such a way that it allows discrimination, indignity, ignominy, inequality to their obnoxious display before a growingly conscious society be it the Sabarimala or the Shayara bano. Any opposition to the bill in and outside Parliament appeared poor on logic as well as facts.
Any discrimination bordering upon criminality must be dealt with accordingly. Therefore, the Act rightly held this practice illegal to be a criminal offence punishable with imprisonment for a maximum period of 3 years. This will dissuade the most inconsiderate husband from being berserk and prompt him to exercise restraint to escape punishment.
As for the misgivings related to its misuse we may have some instances of it in course of the application of the Act. However, it cannot be an excuse to disrepute the legislation in apprehension of its possible misuse by unscrupulous means. This can be taken care of by way of subsequent amendment by parliament if needed. The brouhaha is now over as it must be.
R.R.Prabhakar,
04.08.2019.
The said Act is a bold step forward by the government which truly appreciated the plight of married muslim women. The muslim women have remained a discriminated lot in ways more than one. The Act provided them to breath in open. With this enactment there remains no need among the married muslim women to labor under the constant fear of being subjected to this form of divorce what the muslim husbands thought it to be their privilege that can be exercised as and when they feel so.
I don't know whether or not the muslim jurisprudence or personal law deprecates this sort of unilateral, arbitrary and callous actions on part of muslim husbands but apparently it doesn't impose any punishment to muslim husbands. In absense of this they get emboldened to exploit this practice that makes most of married muslim women bewildered, wretched, dejected and leaves them in the lurch. A single moment witnessing pronouncement of triple talaq by muslim husband to her wife proves ruinous to the latter.
Doesn't it smack of arrogance on part of male against female living together to make a family? Does it not assault the dignity of women? That too under the protection of personal law!
Yes it is;Otherwise, no such demands from muslim women had gain momentum forcing the Apex Court as well as Parliament to intervene in favour of muslim women. Even the general public opinion worked against this practice. Custom, tradition, personal law, beliefs etc. should not be supported in such a way that it allows discrimination, indignity, ignominy, inequality to their obnoxious display before a growingly conscious society be it the Sabarimala or the Shayara bano. Any opposition to the bill in and outside Parliament appeared poor on logic as well as facts.
Any discrimination bordering upon criminality must be dealt with accordingly. Therefore, the Act rightly held this practice illegal to be a criminal offence punishable with imprisonment for a maximum period of 3 years. This will dissuade the most inconsiderate husband from being berserk and prompt him to exercise restraint to escape punishment.
As for the misgivings related to its misuse we may have some instances of it in course of the application of the Act. However, it cannot be an excuse to disrepute the legislation in apprehension of its possible misuse by unscrupulous means. This can be taken care of by way of subsequent amendment by parliament if needed. The brouhaha is now over as it must be.
R.R.Prabhakar,
04.08.2019.
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