In the Parliament of the country, the Parliament formed the history of the Central Government on July 30, last year on the Bill for the provision of a crime to commit the three divorce (divorce-a-disciplines) to the Muslim women in the Parliament of India. After the Lok Sabha, this bill was passed in the Rajya Sabha too.
What Is The Triple Talaq Divorce?
Triple Talaq, also known as Talk-e-Biddat, a quick divorce and Talkh-i-Mughalzah (irreversible divorce) is a form of Islamic divorce that has been used by Muslims in India, especially Hanafi is a follower of Sunni Islamic schools’ jurisprudence. It is permissible to divorize his wife legally, telling any Muslim person oral, written, or more recently, three times in electronic form (Arabic word for divorce) “(Arabic word for divorce). gives.
The use and use of triple talaq in India has been the subject of controversy and debate. Those who question the tradition have raised issues of justice, gender equality, human rights and secularism. The debate includes the Government of India and the Supreme Court of India, and is associated with debate about the same civil code (Article 44) in India.
On August 22, 2017, the Indian Supreme Court recognized the immediate triple talc (Talc-e-Bidah) as unconstitutional. The three panel judges of the panel agreed that Triple Talak’s practice is unconstitutional. The remaining two, together with the law, asked the government to ban the practice, as well as declared the practice as constitutional.
How Did The Bill Pass?
99 in favor of Bill, while 84 votes in opposition Now the bill will be sent to the President. After their signature it will take the form of law. This bill provides three years of jail and punishment for making three divorces unauthorized at one time. Since the Modi government came to power, it was engaged in trying to pass it.
After the last Lok Sabha, it was stuck in the Rajya Sabha. 16 NDA members boycotted the bill and did not participate in voting. On the other hand, members of NCP, BSP and Aam Aadmi Party boycotted the Opposition.
AIADMK and JDU walk out of the House. BJD endorsed the bill. 4 members of the Congress were not present in the House for some reason. At the same time, two MPs of BJP were not present in the House.
Kovind tweeted: “The passage of Muslim women in the state assembly (Protection of Rights on Marriage) Bill, sanction of the ban on unequal practice of , a landmark in search of gender justice; the whole country The moment of satisfaction for. “”
The BJP led NDA government, which does not have a majority in the Upper House, managed to run smoothly for the controversial bill because parties such as AIADMK, which have 11 members and JDU, six, after the bill opposed Went out
On the other hand, Law Minister Ravi Shankar, reacting to in the Rajya Sabha, said, “It is a historic day, both houses have given justice to Muslim women, this is the beginning of the changing India.”
Earlier, the proposal to send the bill to the Select Committee had fallen. It was then decided that this bill will be passed in the Rajya Sabha because it was expected that this number would be equal during voting. After some time, the bill passed.
After passing the Lok Sabha, on Tuesday, three Divorce bills were presented in the Rajya Sabha. Law Minister Ravi Shankar Prasad stopped the bill at 12.20 pm and said that this practice is invalid in a Supreme Court ruling, but the practice of three divorces still continues.
Now What Will Happen If Giving Triple TALAQ?
- Now there will be three divorce offenses in the country.
- If the husband divorces his wife in an oral, written or electronics form, then it is illegal.
- Upon three divorce, the husband can get maximum punishment of 3 years.
- The victim or relative can now file an FIR.
- The victim will be entitled to receive a allowance allowance for herself or for the children. The Magistrate will determine the amount.
- If the victim registers herself or the relative of an FIR, then the arrest warrant will be without. Neighbors can not file a case.
- The police will not be able to give bail to the accused, the magistrate can give bail only after knowing the wife’s side.
- The child will be in the custody of the mother until the decision is made. Marriage will be right by reconciling the magistrate.
Shah Bano Begum Questions The Conflicting Role Of Personal Law
At the age of 62, Shah Bano was thrown out of his marriage with his husband, Mohammad Ahmad Khan, with his five children. Both were married in 1932. But, after 14 years of marriage, Khan married other women – this is why Bano was abandoned by her husband. Three years later, she demanded maintenance of 200 rupees for her husband, as outlined in section 125 of the CRPC.
Being a wife of no income and being neglected by her husband, she made him worthy. Therefore, to avoid this expenditure, Khan divorced the word ‘taka Tak’ by pronouncing the word only three times and divorced it. Because, according to Muslim Personal Law, since she is not her legal wife, she can not have any relationship with her, and thus she is not responsible for maintaining her wife. Apart from this, according to the law, he had to pay the maintenance only after the stipulation period ie three months after the divorce. But, it did not prevent him from fighting because it was not only against his husband but also against the entire male-dominated society and to pursue discriminatory social customs.
He won lawsuits in the local court, the high court and even the Supreme Court. However, this was quickly reversed by the Rajiv Gandhi government (due to fear of losing Muslim vote bank), which passed Muslim Women (Protection on Divorce Act), 1986 which was in line with Islamic laws.
Despite this failure, the Shah Bano case became a historic landmark in the legal history of India. This matter was important because it was the first time that the conflicting role of the individual laws and the constitution came into light. Are personal laws above gender justice? Is Section 125 of CRPC applicable to women? Although this was not the first case of recognition of the rights of Muslim women, but it was important in identifying the need for equal treatment of Muslim women in matters related to their marriage. The ball rolled off and the seeds were sown for a revolution, which encouraged more women to raise their voices. For example, the battle of Bano increased the number of applications filed for divorce by divorced Muslim women. He started questioning his community as a protective organization.
Despite the failure, this case rolled the ball and sowed the seeds for a revolution, which encouraged more women to raise voice against the injustice coming to them. As his daughter Siddiq Ahmed remembered, who says that he remembers the resolution of his mother when no one has supported him. Although his mother was not educated, but he did not give up despite the heavy pressure of his relatives from Saudi who was ready to pay for his Hajj, so that he would accept defeat.
Shayara Banu Closes Triple Talaq
Shayara Banu was against the anti-social rituals such as Ling Talak and Nadah Halal since his student life. And after marrying Rizwan Ahmed, many of these practices became part of his life. Domestic violence, torture and demand for dowry became new and in 2015, she got a divorce from her husband through Speed Post.
Only then did he decide that he can not do something which is very wrong. A year later, they petitioned the SC to immediately stop the punishment, and it was declared unconstitutional in violation of Article 14 (Equality before law), 15 (non-discrimination), 21 (right to life with dignity) ) And 25 (Right to freedom of conscience and religion of Indian Constitution).
It was based on this petition, in which PM Modi filed an affidavit against Hip Talnq. Her case was involved in demanding five other women to ban this practice. And in August 2017, in a historic decision, the SC canceled the practice with the majority of 3: 2, declaring that it was unconstitutional.
The Modi government drafted The Muslim Women (Protection of Rights on Marriage) Bill, 2017, which was passed in the Lok Sabha in December. However, Shayra hopes that other practices will also be banned. In an interview with The Hindu, she said that she will continue to fight for the rights of women and will now file a petition for ban on other practices.
In his entire fight, it was a mental harassment that he is often threatened by members of the All India Muslim Personal Law Board (AIMPLB) that he should withdraw the case by saying that he is going against Islam, despite this disappointment he The fight continued. With the support of women workers, NGOs, lawyers, their families and the media, their case got significant coverage. His courage grew