Can triple talaq, at best a civil wrong, come under the purview of criminal law?
The draft Muslim Women Protection of Rights on Marriage Bill was considered by the Union cabinet which gave its nod, a functionary said.
Sources claim that a Bill to end the practice will be introduced in the winter session of the parliament.
“BJP leaders have time and again celebrated the victory of the judgement on triple talaq and the leadership have often claimed the victory to itself”.
The triple talaq and right to privacy rulings, as well as the Punjab and Haryana high court’s comment after the Panchkula violence, have shown the importance of judiciary in a functioning democracy – to assist, reflect and question.
Some in the board are of the view that a review petition would bring other Islamic practices such as nikah halala and polygamy under scrutiny.
Why is the Modi government not showing the same support for criminalising marital rape as it did with outlawing triple talaq. After all, gender violence is not religion, class or caste specific.
If the legislature is serious about introducing gender parity in personal laws, it should not focus all its energies on one particular religion.
Instead of developing jurisprudence based on the intersectionality of gender and religious identity, we are presented with a laboriously lengthy and impotent decision which reflects the judges’ lack of knowledge on feminist jurisprudence.
We must address the diversity within the Muslim community and achieve representation, democratisation and accountability to truly fight for women’s equality.
The process of reforming and striking down unjust and unequal laws across communities must be taken forward while expanding secular legislation to ensure gender justice.
Besides Gender Justice, Triple Talaq Case Was Also About Separating Religion and State in Family Law
Marriage must now conclusively be held to be a secular institution, governed by civil law that confers equal rights on men and women within a marriage.
We want everyone, irrespective of political leanings, to support us in our fight for gender justice and reforms in Muslim personal laws from within.
Different opinions emerged from the five-judge constitution bench.
Vinod Dua discusses the landmark Supreme Court verdict on instant triple talaq and asks why BJP leaders keep referring to 2022.
While women’s rights groups and political parties hailed the decision as progressive, the All India Muslim Personal Law Board welcomed three judges’ emphasis on the freedom of religion.
The five-judge bench set aside triple talaq by a 3-2 majority.
While the All India Muslim Personal Law Board has asked the court not to interfere with freedom of religion, the Centre has argued that gender equality and the dignity of women are constitutional values and cannot be compromised with.
The court, however, said the verdict rendered in the pending petition will determine the outcome of the present plea as well.
In conversation with Karan Thapar on his last day as vice president, Hamid Ansari talked about growing intolerance, aggressive nationalism, the government’s political inaction on Kashmir and more.
With its engrained anti-Muslim agenda, the current political regime may find it problematic to hold up its image as a champion of Muslim women.
India needs a UCC that draws not on the norms of one religion but on the most promising aspects of its various dynamic cultures so as to democratise families, religious groups, and the nation.
Adityanath said Nitish Kumar and other “secular leaders” shouldn’t be silent on triple talaq and illegal slaughterhouses.
Even if the Supreme Court ultimately invalidates triple talaq, it remains to be seen whether the apex court will test the practice against the fundamental rights of equality, non-discrimination and personal liberty.
In episode 55 of Jan Gan Man Ki Baat, Vinod Dua discusses the practice of triple talaq and job losses in Narendra Modi’s term as prime minister.
The AIMPLB believes the Quran sanctions wife beating but is willing to let that ‘right’ be trumped by secular law. So why is it insisting on the sanctity of patriarchal practices that are not Islamic?
The apex court appeared concerned regarding the options that would be left to a Muslim man if all forms of talaq were struck down.
When church and state come together, the patriarchal attitudes and assertions within religion, society, the polity and the state get consolidated, a cause for concern for women who are marginalised and discriminated against.
In this atmosphere of hate and suspicion, India needs people who will stand up and not flinch from defending those citizens who are under attack.
Noorjehan Safia Niaz of the Bharatiya Muslim Mahila Andolan, an intervenor in the Shayara Bano PIL before the Supreme Court, advances a mature and nuanced viewpoint in a vitiated political climate.
Given the UP chief minister’s regressive views on women, his views on triple talaq are guided more by anti-Muslim sentiment than concern for women’s rights, say activists and opposition parties.
The life of every woman unilaterally separated from her spouse is pathetic. They face challenges and constraints both in their marital and natal families.
The forum, which has RSS ideologue Indresh Kumar as its patron, confirmed the sequence of events even as Jamia Millia Islamia authorities rubbished the allegations.
In Marriage and its Discontents: Women, Islam and the Law in India, Sylvia Vatuk argues how ‘paternalistic attitudes’ affect women suffering in abusive and troubled marriages.
Indian Muslims have come a long way since the Shah Bano case in the 1980s; today, there is a vibrant debate within the community on the need for respecting the rights of women in marriage and the family.
The BMMA has welcomed the judgment saying it will help their case in the Supreme Court and reiterated that the practice is neither Quranic nor constitutional.
In response to an allegation of “unscientific research”, the Bharatiya Muslim Mahila Andolan staunchly declares that their research doesn’t take away the suffering of the various Muslim women they worked with.
Reports published by the Bharatiya Muslim Mahila Andolan leave several questions about Muslim personal law unanswered.
This week’s column looks at the relationship between legislation and rights.
In a statement, the organisation stressed the necessity of ensuring gender justice within Islamic personal law, without the issue being dragged into the Uniform Civil Code debate.