Should triple talaq be abolished from India?
Uniform civil code calls for replacing of the personal laws that are based on religion and scriptures with a common set of laws governing all the citizens of India. These are usually laws relating to marriage, divorce, inheritance of property, adoption, etc. Triple talaq is one such Muslim personal law which has been practiced since time immemorial.
There have been a lot of disputes regarding the triple talaq law which gives a man the right to utter the word thrice and seal the deal of divorce permanently. Women are suffering injustice in the name of personal law and hence they want the triple talaq thing to be ablolished and be replaced with uniform civil code.
Yes1. Unjust to women: Women are aggrieved due to this age old practice of giving all the power to a man to get rid of the woman without giving her any explanation or having to justify his act in front of a court or gathering of people. It is only women and children who have to suffer the consequences of their actions. Man could be drunk and utter “talaq” thrice and it’s over between them. It is not he who shall face the consequences but the woman.
2. Personal law bodies are of no help: If Muslim Personal Law board is so worried about keeping the government from interfering in the matters that relate to their religion, they should have heard the grievances of the suffering women and found solution for them instead of turning a deaf ear. Many women have testified that the personal law board refused to hear their plead in situations where these women were met with injustice.
3. Un-Islamic: Those advocates of Islam were born and raised patriarchs who have believed that the verses of Quran are extreme terms that couldn’t have any other interpretation. They follow verses that entertain their masochistic belief only while ignoring those that have provisions for safeguarding the interests of women. Islam has held women in high esteem. Triple talaq has various limitations of time and place and sanity of the man which is something that is not followed in India while it prevails in many other countries with Muslim majority.
4. Unconstitutional: Bestowing extra rights to men regarding divorce is unfair. Though Islam also gives right to seek divorce to women but the powers are limited. A man, on the other hand can simply utter the three words, giving no reason, taking up no responsibility of the children or giving her alibi money and he’s suddenly single again. This is unconstitutional and must be done away with.
5. Misused laws: The triple talaq thing is badly misused by men everywhere. They could marry a woman, live with her for a few years and for whatever reason leave her shattered. Rich men from Gulf countries have been popularly known to marry and take poor Indian girls as wives and later after a few years send her back with the tag of a ‘divorcee.’
No1. Diverse culture: India is known for its diverse cultural trends. Every religion can follow its own laws and practices, with no interference from the law making bodies. Admonishing this factor will be a bad move since there are Hindi personal laws too that allows them to have their own set of rules. Changing the diversity of India and forcing people to adapt to the uniform civil code will be an extreme move.
2. Interference in religion: Constitution of India gives the right to all religions to freely practice their own customs and traditions. If government interferes in the matters which are supposed to be traditional to a particular religion, people are bound to oppose it in large numbers. This could create mistrust amongst people which can affect the harmony of our nation.
3. Direct them to decide: Instead of enforcing uniform civil code, the government of India could instruct the personal law boards to act with sensitivity with these matters such as Triple talaq and Nikah halala. Many Muslim nations have changed their rules regarding triple talaq; surely the Muslim Personal Law Board can do that too with some instructions from the higher courts.
Personal law boards were created for a reason. It was supposed to act as a medium that would be able to maintain integrity of law and order in that particular community and people would willingly follow the verdict of the board. However, it must be noted that the personal boards are nearly dead except for being stubborn on matters that the government wants to take in its hands. If the personal boards are active, they should have been able to ensure that justice is served to those women who are victims of triple talaq. Muslim women in large numbers are showing support to the abolition of triple talaq which shows that it is the need of the hour.
