The Lok Sabha hastily passed a bill criminalising talaq-e-biddat (instant triple talaq) on 28 December 2017, and a number of people – muslims and non muslims alike – are quite outraged.
Citing the bill as “draconian” and as the Modi government's attempt to populate Indian jails with Muslim men, people from all walks of life have spoken against it.
The Supreme Court, in its famous 22 August judgment, has already declared the practise as unconstitutional. This bill, prepared by an inter-ministerial group led by Home Minister Rajnath Singh, makes instant triple talaq in any form – spoken, written or even WhatsApped – "illegal and void" and also provides for a jail term of three years for the husband.
Those Who Fought Triple Talaq Condemn This Bill
People criticising the bill include those who initially fought for the declaration of triple talaq as unconstitutional. According to them, the fight was to make instant talaq void, not to criminalise it.
In an article published in DailyO, eminent author and columnist Rana Safvi, who had famously opposed the instant triple talaq as a constitutional means for divorce, writes:
This bill, if passed into a law, prescribes a punishment of a fine and imprisonment up to three years for the husband. It is also cognisable and non-bailable. Let’s understand what cognisable means: it means that a policeman does not need a warrant to arrest the accused. It also means that the complaint can be made by not just the victim, in this case the wife, but by others too. In fact, any information against the husband can lead to an arrest. Care to think how it will be misused? Anyone with an axe to grind can get a Muslim man jailed.
Renowned lawyer Indira Jaising, who too in the recent past had staunchly opposed triple talaq and fought for making it illegal, tweeted against this new bill:
Is it Consistent With SC’s Intent?
While the ruling party continues to be in favour of the bill, hailing it as "historic" and beginning of "a new era of hope and respect," others have raised serious doubts. Some have questioned the consistency of the bill with the intent of the Supreme Court, saying that since this bill makes instant triple talaq a non-bailaible offence, it takes away the scope for reconciliation.
SC banned triple talaq because it believed that a couple should get time for reconciliation. With this bill, offence will be now a non-bailable offence, there’ll be no chance of reconciliation. I moved an amendment over compensation for Muslim women from government, it was negated.Congress MP Sushmita Dev to ANI
Outrage on Twitter
Tweeple are posting messages on their Twitter handles in solidarity with “Muslim men.”
People have also tweeted their disdain for the bill with the #StandUpForMuslimMen hashtag.
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