AMN/ New Delhi
All India Muslim Personal Law Board AIMPLB Tuesday has explained the faulty provisions & glaring flaws of Proposed “The Muslim Women (Protection of Rights on Marriage) Bill, 2017”
Mis-quoting the Minority judgment of the Supreme Court bench on triple divorce the present Government expressed its intention of bringing the above noted bill through the address by President of India before the joint session of the budgetary session of the Parliament. Immediately AIMPLB sought an audience with the President of India regarding uncalled for remarks of “Liberating Muslim Women” and his government’s intention to bring a bill on triple divorce. Unfortunately we did not get any appointment from the President till date in spite of several reminders to His office. The above referred bill which was absolutely undemocratic, illegal and against the Muslim Women and their families was hurriedly passed in the Lok Sabha in spite of the fact the Members of Parliament tried to convince “the brutal majority of NDA” not to pass such a legislation in a haste. After getting through the bill in Lok Sabha the government tried to get it passed in the Rajya Sabha but till date they have not succeeded.
In the most democratic manner the active women wing of AIMPLB used all democratic channels and met several Member of Parliament, leaders of different political parties and Governors to inform the faulty provisions of the proposed bill which would be having castigating effect on all Muslim women, men and their families. It was also told that there are ample chances of it being mis-used by the law enforcing agencies. Almost the entire Muslim women expressed their anguish and pain on the provisions which would ultimately ruin their families on an action which has already been invalidated by Supreme Court. The overwhelming majority of Muslim women demonstrated across the country in huge numbers in a very disciplined manner highlighting the deficiencies of the proposed bill. It will not be an exaggeration of the fact that perhaps for the first time in the history of our beloved country women in such huge numbers across the country came out to streets openly in public against a provision which is harmful to the Muslim women, men and their families. Though local media did cover the demonstrations but the same could not reach to the national media the way it has been organized by the Muslim women.
All India Muslim Personal Law Board after having the detailed study of the bill has the enclosed objections to the bill which has been addressed by the Muslim Women through peaceful agitation, demonstrations and presentations across the country.
Addressing a press conference Dr. Asma Zahra, Mrs. Atiya Siddiqua, Mrs. Yasmeen Faruqui,
Mrs. Mamdooha Majid, Mrs. Nilofer Muzaffar highlighted faulty provisions & glaring flaws of Proposed
The Muslim Women (Protection of Rights on Marriage) Bill, 2017
We strongly feel that Muslim Women (Protection of Rights on Marriage) act 2017 was passed in haste in Lok Sabha; bypassing the established parliamentary practices and Rules of Procedure of the Lok Sabha.(Rule 73 Lok Sabha Procedure)
It is extremely surprised that the Bill was processed without consulting the top religious scholars, intellectuals of the community etc. Even Muslim women/groups or Women right activists/group that were involved with the campaign and struggle in favor of Muslim women rights for several decades were also kept in dark.
We further feel that there was no urgency in bringing forth such a Bill as the Supreme Court, by a majority, had already held that the practice of Triple Talaq was invalid and it was wrong for the government to cite the minority judgment, which is not binding, to bring forth the legislation
▪ Turning a civil wrong into a criminal offence is unjustified and legally flawed. Chapter III clause 7 says that announcement of Triple_Talaq/ Talaq by the husband to his wife will be Cognizable and non-bailable crime. It means that apart from victim, her family or relatives, even anybody from the public may complaint about it.
Contrary to it, bigamy and adultery both are criminal offence related with family affairs but both are non-congnizable and bailable offence. Complainant will be by wife or her father only.
– By making the offence cognizable and non-bailable, the government wants to permit anyone to file an FIR and hasn’t restricted this to the woman concerned or even her relatives only.
▪ The Bill has many contradictions. CHAPTER II, Section 3,“It insists that divorce does not come into effect and the marital tie remains intact”; Any pronouncement of talaq by a person upon his wife, shall be void and illegal.).
Contrary to it Chapter III clause 5 & 6 are discussing post-divorce issues like maintenance & child custody etc. When Couple leads normal life, the need for a separate law for the custody of children and maintenance of husband and wife is contradicting to each other
When divorce became void and illegal (Section 3), means it does not result in a Crime, then how can it be considered as cognisable and non-bailable offence . (Sections 4 and 7).
The Bill is Anti Women: as per Definitions 2(b). “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of Instantaneous and Irrevocable divorce pronounced by a Muslim husband;
▪ Even Khula comes under definition: Khula (Arabic word) is the right of a woman to seek a divorce from her husband in Islam. Its consequence will be that the wife who is keen on securing separation from her husband will be forced to live with her husband, without her will. “Talaq Bain is also Instantaneous and Irrevocable Divorce in Shariah, Like Triple Talaq. Therefore, Talaq Bain is also a cognizable and non-bailable offence as per Bill definition.
▪ Triple talaq is largely prevalent amongst the lower strata of Muslim society who earn their livelihood by earning daily wages. By sending him to jail, we may be creating more hardship for the divorcee and her children.
▪ The Bill is Anti Children: This law vests women with the right of custody and bringing up of children. At the same time, husband will bear the maintenance of children. However, the prevalent Guardianship and ward Act places premium on child’s interest. Husband or wife, whoever can protect child’s interest better, will have custody.
Hurting remarks of Hon,able President:
“For decades, the dignity of Muslim women have captive to political cause benefit. Now the Nation has an opportunity to emancipate them from this situation”.
(Hon,ble President of India’s remark on the controversial Triple Talaq bill in Parliament, which reflects the policy of the government.)
This is nothing but a direct attack on the principles of Islam which is the first amongst the world’s religion to give equal rights, dignity and respect to the Women.
We regret to submit that the remarks hurt sentiments of Muslim Women and are disrespecting the ethos of Islam. Muslim Women do not want this ’emancipation’ through this Bill and are very happy and satisfied with their personal laws.
We reject the Bill and Appeal to take back this Bill as it is against the Constitution of India, Women Rights and Gender Justice.