Lok Sabha has cleared the Muslim Women (Protection of rights on marriage) bill 2017, which criminalizes instant divorce. Despite opposition to the bill from many quarters, govt. has projected the bill as legal tool for empowerment of the women of Muslim community. The hurry with which it has pushed the law in the lower house and the accompanying politicization reflects otherwise.
Firstly, the bill is full of many incongruities and lacks cohesiveness. To criminalize an act of civil nature is classic case of legislative overreach. If the govt. was so serious about the rights of community there was no need to wait for SC verdict on the issue. The fact that SC has already declared talaq-e-biddat null and void, it becomes the law of land under Article 141 of the constitution. What it means is that any person pronouncing instant divorce to his wife will not count as legal divorce. Hence, what is the need to criminalize when the crime in itself is not recognized/committed?
Secondly, the bill provides 3 year of jail term and provision for subsistence allowance for the wife. Who will provide the allowance if husband goes to jail? What if the wife just wants to be reunited with her husband without sending him to jail? At best, the bill needs redrafting to remove these discrepancies.
Thirdly, its the question whether triple talaq the only injustice faced by Muslim women. Several groups of Muslim women have asked for an all inclusive law which makes illegal other practices like polygamy & halala. Just shooting the gun over Supreme Court's shoulder by singling out instant divorce and calling it a decisive step is laughable.
Hence, what is needed is to include all other practices which are discriminatory to the women of Muslim community & make them a civil rather than a criminal offense.
The bill raises other pertinent question about the approach of government towards individual rights. Do the current dispensation really has the courage of conviction to abrogate laws that abridge individual rights? Lets look at the stand of govt. on other issues of individual right which do not involve only the Muslim community.
It has defended marital rape by arguing that criminalizing it may weaken the institution of marriage. Do the women who are victim of marital rape do not need empowerment? It is puzzling that the govt. which is repealing the antiquated laws has not moved its foot on laws like Section 498 of IPC that deals with adultery. Others like transgender rights, sedition laws etc. can be added to the list. Most of all, the govt. argued and fought against the right to privacy in the SC calling it an elitist concern not protected under Section III of the constitution.
Moreover, the govt. has ridiculed the argument of orthodox member of the community that talaq-e-biddat should stay as it is the tradition of community protected under Article 25. While it was right in doing so, the govt. itself takes the refuge of same argument while justifying cow protection or its stand on Ram Janmabhoomi conflict. It has always favored the community traditions over individual rights when it comes to Hindu community.
So, based on the stand it has taken on the spectrum of issues, the current bill is everything but a step towards gender justice & women empowerment. It is basically the manifestation of the "love jihad" ideology which criminalizes Muslim men as a enemy of Hindu Rashtra. Full points on opportunism.
Firstly, the bill is full of many incongruities and lacks cohesiveness. To criminalize an act of civil nature is classic case of legislative overreach. If the govt. was so serious about the rights of community there was no need to wait for SC verdict on the issue. The fact that SC has already declared talaq-e-biddat null and void, it becomes the law of land under Article 141 of the constitution. What it means is that any person pronouncing instant divorce to his wife will not count as legal divorce. Hence, what is the need to criminalize when the crime in itself is not recognized/committed?
Secondly, the bill provides 3 year of jail term and provision for subsistence allowance for the wife. Who will provide the allowance if husband goes to jail? What if the wife just wants to be reunited with her husband without sending him to jail? At best, the bill needs redrafting to remove these discrepancies.
Thirdly, its the question whether triple talaq the only injustice faced by Muslim women. Several groups of Muslim women have asked for an all inclusive law which makes illegal other practices like polygamy & halala. Just shooting the gun over Supreme Court's shoulder by singling out instant divorce and calling it a decisive step is laughable.
Hence, what is needed is to include all other practices which are discriminatory to the women of Muslim community & make them a civil rather than a criminal offense.
The bill raises other pertinent question about the approach of government towards individual rights. Do the current dispensation really has the courage of conviction to abrogate laws that abridge individual rights? Lets look at the stand of govt. on other issues of individual right which do not involve only the Muslim community.
It has defended marital rape by arguing that criminalizing it may weaken the institution of marriage. Do the women who are victim of marital rape do not need empowerment? It is puzzling that the govt. which is repealing the antiquated laws has not moved its foot on laws like Section 498 of IPC that deals with adultery. Others like transgender rights, sedition laws etc. can be added to the list. Most of all, the govt. argued and fought against the right to privacy in the SC calling it an elitist concern not protected under Section III of the constitution.
Moreover, the govt. has ridiculed the argument of orthodox member of the community that talaq-e-biddat should stay as it is the tradition of community protected under Article 25. While it was right in doing so, the govt. itself takes the refuge of same argument while justifying cow protection or its stand on Ram Janmabhoomi conflict. It has always favored the community traditions over individual rights when it comes to Hindu community.
So, based on the stand it has taken on the spectrum of issues, the current bill is everything but a step towards gender justice & women empowerment. It is basically the manifestation of the "love jihad" ideology which criminalizes Muslim men as a enemy of Hindu Rashtra. Full points on opportunism.
No comments:
Post a Comment