Women raise concerns over triple talaq Bill

A group of 40 women rights activists has opposed the Muslim Women (Protection of Rights on Marriage) Bill, 2018, in its present form, raising concerns over 10 points in the Bill passed by the Lok Sabha:

1. This Bill disregards the fact that its objective — to protect the rights of married Muslim women and prohibit divorce by pronouncing 'talaq' by their husband — has already been achieved by the SC judgment.

2. The SC in Shayara Bano's case held that the practice of 'talaq-e-bidat' is manifestly arbitrary and unconstitutional. An act that has no legal consequences being made a criminal offence, cognizable and non-bailable is manifestly arbitrary and therefore, violative of Article 14.

3. There is no rationale to criminalise the practice and imprison Muslim men. The effect of the SC ruling is that the marriage is legally valid and the persons continue to be lawfully wedded. Now, men will be incarcerated. Criminalising the husband would also lead to unwanted separation between the couple.

4. Penal action to discourage instant triple talaq is a myopic view as it leaves many other issues of economic and social security of women unaddressed.

5. The government should strengthen the negotiating capacities of women by providing them economic and socio-legal support rather than criminalising the pronouncement of triple talaq.

6. The Bill aims to criminalise the pronouncement of talaq, in effect, it is only criminalising the act of desertion of a Muslim wife by her husband. Criminalising desertion by Muslim men, which constitutes only a civil offence for men of all other religions, is discriminatory under the Constitution.

7. If there is violence within the marriage in addition to the pronouncement of triple talaq, the woman could use the existing provisions of the Protection of Women from Domestic Violence Act, 2005, and Section 498A of the IPC. These represent a wide spectrum of legal options for women survivors of domestic violence.

8. No economic and socio-legal support is provided by the government in the Bill to women, children and other dependents, when the erring men are put behind bars. The Domestic Violence Act, 2005, under Section 21 provides the child’s custody to the woman and Section 20 provides for maintenance to be paid to her. Section 125 of the CrPC also provides for maintenance for the aggrieved woman.

9. The Bill allows anyone related to the woman by blood or marriage to be the complainant. There is no provision for a relative to seek her consent. The problem becomes acute in case of inter-religious marriages.

10. The jail term up to three years is arbitrary and excessive. Serious crimes like causing death by rash or negligent act, rioting, injuring or defiling place of worship with intent to insult the religion of any class are punishable by two years in jail.