[The I.E. caption is decidely misleading. Triple talaq in a single sitting is no longer a valid form of divorce - as a consequence of the SC judgement; the marriage does not get dissolved thereby. The wife's marital rights remain (in the eyes of law) intact. But given the social context, it calls for further shoring up with enactment of a necessary supportive law to protect the interests of the affected wives. And, pronouning triple talaq, by itself, does not constitute any breach of law - criminal or civil.
So, there've got to be broader social consultations involving the stakeholders while framing the Act. There's no reason to suspect that this government has any such intentions. Hence, public pressure needs be built up.] I/II. http://indianexpress.com/article/india/muslim-women-groups-want-triple-talaq-to-be-held-invalid-not-criminalised-4951869/ Muslim women groups want triple talaq to be held invalid, not criminalised Say legislation criminalising the practice may lead to gender polarisation in the community By: Express News Service | Mumbai | Updated: November 24, 2017 4:00 am Based on the complaint, a case was registered against the man under IPC sections 498A (husband of a woman subjecting her to cruelty), 420 (cheating) and relevant sections of the Dowry Prohibition Act, she said. RELATED NEWS Instant triple talaq: Ministers’ group meets, law may be tabled in winter sessionInstant triple talaq: Ministers’ group meets, law may be tabled in winter session Triple talaq: Woman files complaint after husband divorces her over phoneTriple talaq: Woman files complaint after husband divorces her over phone Triple talaq: Govt plans to make practice a punishable offence, likely to table Bill in winter sessionTriple talaq: Govt plans to make practice a punishable offence, likely to table Bill in winter session Muslim women groups have opposed the government’s deliberations on criminalising triple talaq or talaq-e-biddat claiming it will do nothing to help women and may become a tool to harass Muslim men. Women groups Bebaak Collective and Aawaz-e-Niswaan Thursday said they had been approaching various government officials after the August 22 Supreme Court verdict that held triple talaq “un-Islamic”, but received no response from the Minority Commission. “We want triple talaq to be held invalid, not a criminal offence. The BJP government has been very hasty in taking this decision. There were no due deliberations with Muslim women groups,” said Hasina Khan from Bebaak Collective, adding that punishing or imprisoning Muslim men for uttering talaq thrice in quick succession was not a solution to the issue. The central government has constituted a committee comprising Home Minister Rajnath Singh, External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and Minority Affairs Minister Mukhtar Abbas Naqvi to draft the final legislation. On August 22, the SC held the practice of triple talaq “un-Islamic” and “arbitrary” claiming that it was not an integral part of the religious practice. “Divorcing is not a criminal act. And a legislation criminalising it may lead to gender polarisation in the community,” said Kausar Ansari from Aawaz-e-Niswaan. Meanwhile, the Bharatiya Muslim Mahila Andolan (BMMA) has asked the government for an open discussion on triple talaq legislation. “There should be some form of punishment, either through compensation or maintenance. But since it is a personal law, it should be part of civil law, not criminal law,” said Noorjehan Safia Niaz, co-founder of BMMA. Zeenat Sasha, who is still fighting a legal case against her husband who uttered talaq thrice to divorce her, said criminalising it would not ensure Muslim women get all her due rights. “A husband may be imprisoned for saying talaq thrice, but that will leave the wife alone at home without any support. Instead, the government should think how Muslim women can be better supported,” said Zeenat. The Bebaak Collective met the Maharashtra State Women’s Commission chairperson last week to recommend that a uniform civil code would help the cause more. “It is unfair to punish a particular practice of minority community. When we fought against triple talaq, our intention was not to create gender polarisation,” said Anwari Khan, who is part of the Muslim Mahila Mandal in Govandi. II. http://indiatoday.intoday.in/story/triple-talaq-activists-dont-want-criminal-case-against/1/1095909.html Triple talaq: Activists dont want criminal case against PTI November 23, 2017 | UPDATED 20:10 IST Mumbai, Nov 23 (PTI) Even as the government has set up a ministerial panel to consider a legislation against instantaneous triple talaq, Muslim women activists have proposed that criminal proceedings should not be initiated against men of their community who practice talaq-e-biddat. Instantaneous triple talaq is said to be still in practice despite the Supreme Court striking it down. Bebaak Collective founder Hasina Khan said the cases of triple talaq can be dealt with through civil law. "We do not seek criminal proceedings against Muslim men who continue to exercise their prerogative of unilateral decision-making to end the marriage. This can be well dealt with under civil law," Khan said. She stressed the need for the civil redressal mechanism and restorative justice so that "Muslim men can claim their rights both within and outside the marriage". Khan said she and her team met Maharashtra State Women Commission chairperson last week and demanded funds as well as social-legal help to the victims of triple talaq. Terming triple talaq "unconstitutional", the apex court on August 22 struck down the practice and directed government to make a law within six months. "We fear that against the backdrop of the SC ruling, Muslim men can be portrayed as criminals. But, please dont criminalise them," Khan said. She said since marriage is a civil contract, the procedures to be followed to annul it should also be "civil". Zeenat, a victim of triple talaq, told reporters that the main thrust must be on providing relief and means of livelihood to the affected women. "I am a victim of triple talaq. It hardly matters for me what happens to the man who broke his marriage with me in such a way. What would I get if he is jailed ? What really matters to me is how the government machinery helps me and provides social, psychological and financial assistance. Thats what women like me want," she said. PTI APM NSK This is unedited, unformatted feed from the Press Trust of India wire. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. 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