National / World

Triple talaq should be covered under Domestic Violence Act: Muslim body

New Delhi, Dec 6 (IANS): In a letter written to Law Minister Ravi Shankar Prasad on Tuesday, a Muslim body has demanded that the triple talaq or instant divorce should be made an offence under the Domestic Violence Act and should not be criminalised.

In its letter to Prasad, the Indian Muslims for Secular Democracy (IMSD), an NGO, said it supported a legislation to declare instant triple talaq an illegal act, but "strongly opposes" any move by the government to criminalise the practice, punishable with three years in jail plus fine.

"The IMSD fully supports the need for a legislation dealing with abolition of triple talaq. It also recognises the need for penal provisions in the Act so that Muslim men realise that committing the illegality of triple talaq will henceforth have serious consequences. However, the IMSD is not convinced that the solution lies in a straight-forward, single-step criminalisation of the instant divorce practice," the letter read.

"Moreover, we are seriously concerned with the fact that the draft bill -- Muslim Women (Protection of Rights on Marriage) Act -- makes triple talaq a non-bailable offence punishable with a jail term of three years and fine. The IMSD is concerned with the serious implications of a single-step criminalisation of triple talaq for several reasons," it added.

The letter pointed out that since the socio-economic status of the majority of Muslims was low, the case expenses and the subsequent jail term if convicted would leave the erring husband finacially devastated.

"Also, the woman victim of triple talaq too must find money to hire a lawyer to press for her claims of maintenance, child custody, etc. Where will a husband in jail for three years find money to pay for the maintenance of his wife and children?" it said.

"For these reasons, the IMSD is of the view that all things considered, the proposed new law may simply provide that triple talaq, which is illegal, will be treated as 'domestic violence' as defined under the secular Protection of Women from Domestic Violence Act 2005.

"Once the Domestic Violence Act kicks into place, it immediately opens up the possibility of various reliefs provided under the Act for a victim of triple talaq. These include protection against violence, right to residence in the marital home, maintenance, medical facility, compensation...," it said.

The letter stressed that the proposed law should declared triple talaq procedure as illegal and not talaq (divorce) per se.

The IMSD said that any legislation dealing with the issue of triple talaq should be comprehensive and lay down the entire correct procedure of pronouncing talaq in accordance with the Islamic law instead of only penalising the practice.

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Comment on this article

  • Juliet N Prabhu, Mangalore

    Wed, Dec 6 2017

    Yeah,, I have seen wemen suffer through this 'talaq' system. Triple Talaq should be covered under law and court, Not some private 'body' . It was implemented by some perverts who wanted to marry multiple times. Morever these perverts were traditional vote banks. Hence no action was taken all these decades. Now when its stopped , they cry foul as their ulterior motives are squashed.

    DisAgree [1] Agree [2] Reply Report Abuse

  • ABDUL RAFIQ, Uchila

    Wed, Dec 6 2017

    If anybody want to divorce the wife, follow the normal procedures of talaq as mentioned in the Quran or make it thru the courts. Abandoning the wife within the minutes is not a good practice. What is the necessity of instant talaq and why so emergency??? It may hurt the girl badly. Her parents might have spent their entire life's earnings on her marriage and husband throwing her out within the seconds is not fair. If somebody done so, he should be punished at least with 10 years of jail term. Those who are supporting for triple talaq, what would be their stand if the same things happened with their daughters or sisters??? I don't think they will support if it happened to their own.

    DisAgree [4] Agree [13] Reply Report Abuse

  • KRPrabhu, Bangalore/Mangalore

    Wed, Dec 6 2017

    ಕೊನೆಗೂ ಒಳ್ಳೆಯ ಬುದ್ಧಿ ಬಂದಿದೆ...
    ಜೈ ಮೋದಿಜಿ...

    DisAgree [4] Agree [8] Reply Report Abuse

  • kas, Mangalore

    Wed, Dec 6 2017

    Let us pray Almighty , that the HUSBANDS take back their DESERTED WIVES .... Jai modiji ,... for what for deserting his legal wife .....

    DisAgree [4] Agree [5] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Dec 6 2017

    Very soon Triple talaq is going to be History ...

    DisAgree [5] Agree [11] Reply Report Abuse

  • KRPrabhu, Bangalore/Mangalore

    Wed, Dec 6 2017

    These type of good things happening only after May 2014....😁

    DisAgree [2] Agree [9] Reply Report Abuse

  • kas, Mangalore

    Wed, Dec 6 2017

    Modi filed the assembly affidavit as Unmarried ... For loksabha election he filed the affidavit as Married .... This too happened in May 2014.... shame less guys ....

    DisAgree [5] Agree [4] Reply Report Abuse

  • KRPrabhu, Bangalore/Mangalore

    Wed, Dec 6 2017

    That is typographical error...

    DisAgree [2] Agree [4] Report Abuse

  • kas, Mangalore

    Wed, Dec 6 2017

    This proves that , there is no shortage of hypocrites and goondas in India .....
    Such errors are subject to disqualifications ...... when the deserted wives are going to live with their HUSBANDS ????? .....

    DisAgree [3] Agree [2] Report Abuse

  • JAGDISH, mumbai

    Wed, Dec 6 2017

    Info courtesy-GOOGLE

    DisAgree [1] Agree Report Abuse

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Title : Triple talaq should be covered under Domestic Violence Act: Muslim body


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