India introduces law aimed at jailing Muslim men who instantly divorce wives

The Indian government on Thursday introduced a bill in
parliament aimed at prosecuting Muslim men who divorce their wives
through the “triple talaq”, or instant divorce, which women
complain violates their right to equality.

In August, the Supreme Court ruled as unconstitutional the law,
which allows Muslim men to divorce their wives simply by uttering
the word “talaq” three times.

Muslim women had petitioned the court, arguing the practice of
husbands divorcing them through “triple talaq”, including by Skype
and WhatsApp, not only violated their rights but left many women
destitute.

“Only a law can explicitly ban triple talaq, we have to enforce
legal procedures to provide allowance and protect custody of
children,” said Law Minister Ravi Prasad.

The bill, if approved, would make the practice a non-bailable
offense with a possible three-year jail term.

Muslims are the biggest religious minority in Hindu-majority
India and relations between the communities have been occasionally
strained since Prime Minister Narendra Modi and his
Hindu-nationalist Bharatiya Janata Party won a 2014 election.

India is one of the few countries where the practice of instant
divorce has survived and some Muslim groups have said that while it
was wrong, the law should be reviewed by the community itself.

Members of the All India Muslim Personal Law Board said the
government had no right to outlaw instant triple talaq, as it was
directly interfering with the Muslim personal law.

India’s civil codes are designed to protect the independence of
religious communities. Unlike most Hindu civil laws, which have
been codified and reformed, Muslim personal laws have largely been
left untouched.

Zakia Soman, founder of a Muslim women’s group, the Bharatiya
Muslim Mahila Andolan, said once triple talaq becomes a legal
offense, victims could approach the police and the legal system to
initiate action against offenders. (Reuters/NAN)

The Indian government on Thursday introduced a bill in
parliament aimed at prosecuting Muslim men who divorce their wives
through the “triple talaq”, or instant divorce, which women
complain violates their right to equality.

In August, the Supreme Court ruled as unconstitutional the law,
which allows Muslim men to divorce their wives simply by uttering
the word “talaq” three times.

Muslim women had petitioned the court, arguing the practice of
husbands divorcing them through “triple talaq”, including by Skype
and WhatsApp, not only violated their rights but left many women
destitute.

“Only a law can explicitly ban triple talaq, we have to enforce
legal procedures to provide allowance and protect custody of
children,” said Law Minister Ravi Prasad.

The bill, if approved, would make the practice a non-bailable
offense with a possible three-year jail term.

Muslims are the biggest religious minority in Hindu-majority
India and relations between the communities have been occasionally
strained since Prime Minister Narendra Modi and his
Hindu-nationalist Bharatiya Janata Party won a 2014 election.

India is one of the few countries where the practice of instant
divorce has survived and some Muslim groups have said that while it
was wrong, the law should be reviewed by the community itself.

Members of the All India Muslim Personal Law Board said the
government had no right to outlaw instant triple talaq, as it was
directly interfering with the Muslim personal law.

India’s civil codes are designed to protect the independence of
religious communities. Unlike most Hindu civil laws, which have
been codified and reformed, Muslim personal laws have largely been
left untouched.

Zakia Soman, founder of a Muslim women’s group, the Bharatiya
Muslim Mahila Andolan, said once triple talaq becomes a legal
offense, victims could approach the police and the legal system to
initiate action against offenders. (Reuters/NAN)