Why triple talaq ban is nothing more than just a stamp on paper
The court banned instant triple talaq for six months and asked the government to frame new legislation to replace the abolished practice.
The Supreme Court's ban on triple talaq has seemingly come as a shot in the arm for Muslim women in India and many of them, particularly in Uttar Pradesh, have started raising their voices against the evil practice. An SC bench last month ruled with a 3-2 majority that the practice of instant divorce in Islam was unconstitutional. The decision marked a historic victory for Muslim women who have spent decades arguing that the custom violated their right to equality. The court banned instant triple talaq for six months and asked the government to frame new legislation to replace the abolished practice the sharia law custom allowed men to end a marriage simply by saying "talaq" or divorce to their wives, three times in succession.
The first signs of "rebellion" were visible in Meerut district barely 24 hours after the verdict as 23-year-old Arshi Nida came forward to say that her husband, Siraj Khan, who owns a school, had been harassing her for dowry since the first day of marriage and had given her instant talaq- the husband was arrested. now, two fresh cases have been reported from western UP.
The matter came under media spotlight on Monday, when a woman named Asma Khatoon reached the police to narrate her woes. Khatoon was married to Mohammad Naseen, a native of Barahpur, and they had 10 kids. Khatoon reached the office of deputy superintendent of police Satish Chandra Shukla and gave him a written complaint.
"We had 10 children out of which 7 have died. we had 4 bighas of land, out of which Naseem has already sold 2 bighas. He was insisting on selling the remaining land and was also harassing me physically. on August 27, he sent a piece of paper mentioning triple talaq through my daughter's hand," Khatoon said. The cops were in a dilemma about how to fix the problem. "The SC verdict has come as a relief to Muslim women but constitutional arrangements are yet to be made. According to Section 125 of Criminal Procedure Code (CRPC), a married woman has the right to get maintenance from her husband," Shukla explained.
All possible help would be provided, he added. legal expert Awadhesh Pratap Singh said, "Such matters should be taken to the family court and a capable court should arrange for a hearing. If both the parties disagree an appeal could be made in the upper court." Most Islamic countries, including Pakistan and Bangladesh, had banned triple talaq much before India. Activists say over the years thousands of Muslim women, especially those from disadvantaged sections, have been thrown out by their husbands using the controversial custom.
Many were rendered destitute, with nowhere to go, or forced to return to their parental homes or fend for themselves.
The second incident came to light in Aligarh district when a father of 10 children gave triple talaq to his wife.
The incident was reported from the Atrauli city with a woman named Sagina Begam as the victim. She married a man identified as Dilshad a few years ago and they had 10 children, of which eight are minors. A few months ago, Dilshad landed in jail and met a man whose name is reportedly Yusuf. While Dilshad got bail a few days ago, Yusuf was still in jail. Dilshad kept meeting him and kept pursuing his case, while he also kept meeting Yusuf's wife and they grew close.
Sagina objected to this but an understanding was reached after discussions between members of the two families. "Dilshad has agreed to pay maintenance of Rs 20,000 per month and has also given the house to her in which she lives. The agreement was reached on a notary of Rs 100 stamp paper in presence of the lawyers of both the parties in the local court," station house officer of Atrauli, UC Patel, informed.
No police case was registered, he added.