Muslim Women's Rights Day

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The historical judgement of triple talaq and the parliament passing the law of criminalisation of it has completed 1 year.

August 1 is the day that made Muslim women free from social evil of triple talaq; it has been recorded in the country's history as “Muslim women Rights Day.” The day marks fort anniversary of passage of triple talaq bill in Parliament. The law, formerly called the Muslim women (Protection of Rights on Marriage) Act, 2019 was pass in last year after intense debates in both the lower and upper House of parliament, with opposition party stating it targeted the Muslim community even as the centre asserted that it would help achieve gender justice for Muslim women.  The Supreme Court had in August 2017 declared the practice of talaq-e-biddat or a form of of divorce based on husband pronouncing divorce thrice in quick succession or as unconstitutional. The practise is banned in most of the Muslim countries including Pakistan. The verdict came on a petition of five women, including lead petitioner Shayara Bano, who were abandoned after their husbands pronounced instant divorce. The centre initially issued an ordinance after the verdict to criminalize the practice of triple talaq for the want of majority in parliament seats upper house or rajya Sabha before bringing the law. According to the law, the practice of instant triple talaq is a cognizable offence or 1 in which the police may carry out an arrest without a warrant and is used for serious crimes such as theft, rape and murder. Section 4, of the act punishes a guilty Muslim man with 3 years of of imprisonment and also make him liable to pay fine.

One year has been passed since the login is triple talaq was passed and there is a decline of 82% in triple talaq case is thereafter. A law against this 'social evil' could have been passed in 1986 when the supreme court has given the historic judgement in the Shah Bano case. But then government had board down before the illogical of some narrow minded fanatics and committed criminals into deprive the women of their constitutional rights. Indian democracy runs on a constitution and not on any religious text. Earlier too, legislations had been brought in the country to abolish social evil such as Sati and child marriage. The criminalisation of triple talaq has nothing to do with religion and is purely to insert gender equality by ending an “inhuman, cruel and unconstitutional practise.” Instant divorce by verbally saying talaq thrice is illegal. There were several incidents coming where women had been given talaq through letter phone or even through message and WhatsApp. Such incidents are sheer examples of insensitivity in a democratic country like India where the basis are equality of all. By enacting the triple talaq law the government has strengthened social economic, fundamental and constitutional rights of the Muslim women. This is a sign of women empowerment for all the sections of society regardless of their religion cast or gender.

 

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