On the anniversary of triple divorce law, Noorjehan Safia Niza the co-founder of BMMA says Muslim community needs fortified law too like other religions
@santosheemishra
Mumbai: The Union government passed the Muslim Women (Protection of Rights on Marriage) Bill in 2019 on July 30 after rigorous demand by Muslim women’s organization Bharatiya Muslim Mahila Andolan (BMMA).
In the year 2016, 2017 and 2018 the Triple Talaq cases were on high however after legislation in the year 2019 not a single case has been reported.
On August 22, 2017 the Supreme Court of India had pronounced the practice of triple divorce as illegal and void. Since 2007, the muslim women organization BMMA has been demanding a codified Muslim family law which prohibits such discriminatory practices like triple divorce, polygamy, halala, muta and underage marriages. The law came in after a long struggle led by Bharatiya Muslim Mahila Andolan.
On the first anniversary of triple divorce law , Noorjehan Safia Niza the co-founder of BMMA while talking with TheNews21 told that after a year of ordinance , we can see the decrease in the number of cases reported by women on triple talaq.
“It is really a great sigh of relief for muslim women. In this year till July so far there has been only one case of triple talaq. It is definitely victory of the cause we were fighting. The law has created fear among men in the community earlier in the absence of this, had their own rules and regulations for settlement and women was not counted at all. Due to this ordinance men fear before uttering talaq , in fact now they are more towards compromise mode , “said Noorjehan.
The BMMA along with Shyra Banu, Afreen Banu , Ishrat Jahan, Gulshan Parveen had filed a petition in the Supreme Court asking for a ban on the practice of triple divorce. Additionally, BMMA’s petition prayed for an end to this practice and it prepared a draft law and had been demanding its codification since the last 13 years.
Noorjehan added, ” While no law is perfect and there is always scope for improvement, this legislation against triple divorce has had a positive impact. While the law prohibits instance divorce, it must lay down the actual method of divorce to be followed by both husband and wife. Arbitration must be made mandatory and must be documented. ”
Noorjehan highlighted that the all the religions like of Hindus, Christian , Parsis have fortified law for women. However muslim community does not have fortified law for women. The law has had a deterrent effect and now men register their case before resorting to one-sided divorce.
The BMMA head suggested that the key points to be considered in future for betterment of muslim women and society. The law lays down maximum punishment of 3 years. Minimum punishment must be laid down in the law. The subsistence allowance must be quantified. Rule of implementation of the law must be laid down.
If any person compels a woman to do halala shall be punishable with an imprisonment of three years and fine. It should also include that if any person compelling a woman to agree to a marriage with inbuilt divorce (Mutal) shall be punishable with an imprisonment of three years and fine. The woman shall continue to be entitled to receive from her husband such maintenance as she has been receiving during the subsistence of the marriage for her and dependent children. The woman shall continue with the custody of her minor children in such manner as may be determined by the Magistrate.
