The Honorable Supreme Court of India has banned the discriminative, arbitrary and inhuman practice of Triple Talaq on 22nd August 2017. The Apex court has asked central government to legislate on this inhuman practice. Thus in consonance with the verdit of court, government has piloted and passed the Triple Talaq bill in Lok Sabha. This is a historical piece of legislation as stated by Ravi Shankar Prasad who introduced the controversial bill in Lok Sabha. Now the practice of Triple Talaq has become illegal and void and it has been criminalized by the Muslim women (Protection of rights on Marriage) bill which has been passed by the Lok Sabha inspite of opposition by various political parties. The bill makes Triple Talaq or Talaq-ul-biddat unlawful and cognizable offence punishable up to 3 years of imprisonment and fine. The bill provides right to Muslim women to get maintenance from their husband and for this they can approach to magistrate. Muslim women can also seek custody of their minor children from Magistrate. The Triple Talaq in any form spoken, written or by electronic media, email, sms and Wats app would be illegal and void. The bill gives gender equality to Muslim women. But unfortunately All India Muslim Personal Law board and Indian union Muslim League has criticized this important legislation on flimsy grounds. While Triple Talaq is banned in various Muslim countries, it is unfortunate that the practice is prevalent in India. Islamic countries of Pakistan, Indonesia, Bangladesh, Malaysia, Tunisia, and Morocco had banned Triple Talaq. It stands regulated in Srilanka also. It is only in India that a hue and cry is raised on the ban of Triple Talaq by some fanatic Muslim organizations. Triple Talaq makes Muslim men superior and Muslim women inferior. Tallaq-ul-Biddat is repugnant to basic dignity of women as enshrined in article 21 of the Indian Constitution. Even Holy Quran teaches us to respect women and not to abandon her without any reason or for nothing. Triple Talaq also distorts the fundamental rights given under article 15 of the constitution which prohibits discrimination in any form. Constitution is a supreme law of the land and any practice which is against any provision of the constitution is unlawful and void. Even in holy Quran it is nowhere mentioned that Talaq-ul-biddat should be practiced to dissolve a marriage. Thus triple Talaq is voilative of the Constitution. The bill on triple Talaq is now before Rajya Sabha. NDA government wants that the bill be passed in Rajya Sabha by consensus like GST Bill. But congress and other oppositions parties of BSP, SP, BJD, CPM, CPI(M) wants that the bill be referred to select committee. The government has no majority in Rajya Sabha but it wants that the Congress should support the bill in Rajya Sabha. The congress and other opposition parties want some amendments to be incorporated in the bill before passage and among noisy scenes the upper house has been adjourned till 4th of January. According to BJP, congress has double standards on the bill. In Lok Sabha it has supported the bill but in Rajya Sabha it has stalled this important bill which gives women some degree of equality. Triple Talaq is not only arbitrary but also whimsical thing. Triple Talaq is exercised at the whims and caprice of Muslim men. Muslim men are using this practice arbitrary. It is in fact a hanging dagger for Muslim women. According to MPLB there should be time for reconciliation between men and women. Thus some amendments should be made in the original bill so that subsistence allowance as provided in the bill is practically possible. The bill has criminalized the Triple Talaq and when the husband will go to jail, who will provide maintenance to the Wife is a million dollar question because maintenance will be in jeopardy. The Triple Talaq is not only atrocious but also inflicts a great blow to the fundamental rights which form the basic structure of the constitution of India. Triple Talaq is against the rights of Muslim women as it is violative of the article 14 of the constitution which deals with equality before law irrespective of the gender or religion. The Triple Talaq should not be politicized but the bill should be passed by Rajya Sabha to make it a law and save Muslim women from discrimination and provide them gender equality.
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