Close on the heels of the emotional appeal from President Ram Nath Kovind and Prime Minister Narendra Modi last week for early passage of the Muslim Women (Protection of Rights on Marriage) Bill, 2017, also known as the Triple Talaq Bill, during the Budget session of Parliament, Adv. P.K. Noorbeena Rasheed, General Secretary of Indian Union Women’s League, wrote a letter to every Rajya Sabha member to reject this controversial bill.
While Mr. Modi made his remarks before the start of the session, Mr. Kovind made it a part of his address to both Houses. The Bill had been cleared by the Lok Sabha in December last, but is hanging fire in the Rajya Sabha where a larger Opposition group wants to send it to a Select Committee for further scrutiny.
Mrs. Noorbeena writes that the Supreme Court had passed a judgement in Shayara Bano Case on 22-08-2017, to declare the practice of Triple Talaq (talaq-e-biddat) as unconstitutional and null and void, and directed the Legislature to make an enactment to this effect. While passing the judgement, the SC neither observed to criminalise the talaq-e-biddat nor to make it a cognisable and non-bailable offence.
The present form of Muslim Women (Protection of Rights on Marriage) Bill, 2017 as such does not serve any purpose or protect the Muslim women. The sections in the bill as such are self-contradictory, she further adds.
As per Section 3 the bill, talaq-e-biddat is void and illegal, which automatically resumes the legal status of the marriage, making the parties legally wedded husband and wife.
As per Section 4 thereof, this legally wedded husband is imprisoned for three years without an undefined amount of fine. This can cause further discordance in the marital life, and their families. As per Section 5 thereof, the imprisoned husband is directed to pay undefined substance allowance. How can a husband imprisoned in jail make payment for subsistence allowance? Mrs. Noorbeena, a senior lawyer, wondered.
In 1984, an Act to provide for establishment of family courts came into being to deal with the disputes relating to marriage and family affairs. But, with the new proposed bill, the affected Muslim families are dragged into the criminal court. This is a clear discrimination on the basis of religion. In all offences related to marriage, the law requires a complaint from the affected party to initiate the proceedings, while the proposed bill does not mention the requirement of a complaint by the affected party. Since this offence is made cognisable and non-bailable, without a complainant, there is a serious possibility that the law will be misused by anybody against Muslim men, in order to wreck vengeance. Thus the bill in the present form in no way gives any relief to Muslim women, instead it demoralises and destroys the family bond.
Mrs. Noorbeena, therefore, appealed to every Rajya Sabha MP to protest strongly against the bill when it is presented in the future and defeat it so as to protect the fundamental rights of Muslims guaranteed under our Indian Constitution.