The prevalent practice of Triple Talaq among the Muslim community recently came into the spotlight when the supreme court passed the judgement declaring “Talaq-E-Biddat” or Triple Talaq as unconstitutional in the Shayara Bano case.
Though triple talaq was being practised since thousands of years, it attracted the attention of the public first when in 1985 when Shara Bano after being thrown out of the house by her husband Ahmed filed a case against him for securing maintenance allowances every month. Supreme Court passed judgement in her favour But, in 1986 then prime minister Rajiv Gandhi passed the Muslim Women (Protection On Rights of Divorce) Act dissolving the judgement of the supreme court in Shara Bano case.
From that time on wards various cases of Muslim women being abandoned by their husband erupted and went unheard.
Triple Talaq or instantaneous Talaq is the practice which enables Muslim man to divorce his wife just by pronouncing the word “Talaq” three-time either by speaking or writing or through any modern electronic ways. It is not only the rudimentary nature of this practice which seems inhumane at the first glance but it is also not verified by the Holy book of Quran.
So, if Islam never propagated this suppressive and dominative practice and Quran never mentioned or justified it then, how it came into existence.
Well! The answer is patriarchy. It becomes very important for bullies to invent various forms of oppression to maintain their dominance and power in a long run. The issue is not religion specific or a concern of particular sect of our society but it should be seen more as a gender issue. Polygamy thrived till 20th century in almost all sections of society but as the law protecting the rights of women were enacted this number declined drastically.
Any practice which tends to raise the stature of one section and degrades it for other must be scrutinized under the rationale scanner. No matter if it is sanctioned by the religious texts or not, if it tends to generate disparity in rights, hatred or any form of suppression, it should be immediately stated null and void not only by the authorities but also by the people.
Human conscience and common sense of humanity must be the parameter to check the validity of any practice.
The BJP-led government under Prime Minister Narendra Modi presented the historic The Muslim Women (Protection On Rights of Marriage) bill in the Lok Sabha on 28th December and was passed with a clear majority on the same day itself.
Many Muslim Netas and non-government Muslim organisations especially All India Personal Law Board have been vehemently opposing this, stating it as an act of intervention into their religious matter. But, they are ignoring the very fact of India being a secular nation where religion definitely not comes under any government but the responsibility of resolving the prejudice does.
Moreover, there is no denying of the fact that the law may not be succinct and comprehensive but stating it useless in the first place is apparently wrong. And this could be ascertained by the fact that major Islamic nations in total about 22 have abolished this callous way of divorcing including our neighbours Pakistan and Bangladesh.
Union minister A. J. Akbar rightly stated that this bill will free Muslim women from the constant “fear and terror” of instant Talaq.
For those who argue that if a person is jailed after pronouncing triple Talaq, then who will take care of his family. These people fail to comprehend the law which states the divorce made through triple Talaq will be null, void and punishable. Thus, it will prove a deterrent to those who treat their wife as an object and discard them at their will.
A man should in the first place not adopt this brutal way of divorce instead follow the legalised way of getting the divorce.
Now, it is a matter of speculation if the bill gets passed in the Rajya Sabha as well. Let’s just hope that our politicians change their parochial outlook and act in the favour of equality.