इंडियन आवाज़     10 Dec 2018 04:43:33      انڈین آواز

Do not make Triple Talaq a criminal offense

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By rajinder Sachar

The BJP is feeling triumphant that it has got the Instant Triple Talaq Bill passed in Lok Sabha making the practice a criminal offence. In view of the Socialist Party it is motivated by BJP’s communal approach, especially prejudice against the Muslims of India. It seems that the Modi Government is doing this under mindset of RSS. Mr. Mohan Bhagwat, the RSS chief, has atrociously said that all persons born in India are Hindu. This mischievous statement by him is anti Muslim and anti Christian and in violation of the Preamble to the Constitution which unambiguously directs that India is a secular country and thus all citizens have the same rights for their religious identity.

The Supreme Court having declared Triple Talaq at one sitting as unconstitutional there is no need to make it criminal. Under Hindu Marriage Act, a Hindu cannot have more than one wife, with the result that the second marriage is a nullify. This is specially provided by Sec 8(1) of the Act. This has not been made criminal and will only have civil consequences. So also will be the position in law of Triple Talaq at one go after the Supreme Court judgment.

The Pakistan law on this subject is more progressive. It provides that any man seeking to give Talaq to his wife will have to inform the prescribed authority every month for 3 successive months. It is only then that Talaq is recognized as legal. The authority is also directed to fix maintenance for the wife, and other facilities.

Therefore the Socialist Party demands removal of the criminality clause from the law on Triple Talaq.

Rajindar Sachar is Senior Member National Executive socialist Party (India)

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