Not of religion but of rights to women

Editorial By- Sukhpreet Giani

“Tripletalaq’ has always been a debatable issue in the women’s movement since 1983 in India whenShehnaaz Sheikh, filed a petition in the apex court in India challenging triple talaq. The issue remains litigious even now with the petition filed by Shayara Bano in 2016. To highlight the impact of the divorce with the use of the word Talaq three times, a number of documentaries and bollywood movies have been made. Bollywood director BR Chopra won an all around praise in 80s when he made the movie “Nikaah”. The issue of Personal Laws has always been a volatile debate considering the ever impending question about whether women should be treated as right bearing individual citizens or members of a particular community. In recent times, right after reopening of the triple talaq debate, the Law Commission of India took out a questionnaire on the Uniform Civil Code to begin ‘a healthy conversation about the viability of uniform civil code’ in the name of women’s rights.

India has off late witnessed a number of debates, both on the social front and on the television screens with many religious scholars presenting a view that Triple talaaq has no Quranic sanction. Since it has been there for a long time, it’s considered a custom. With the advent of technology, many women have been divorced through emails, what’s app message with the men just sending the world “Talaq” written thrice.  Some women challenged it in the Supreme Court of India asking for an equality of gender. The Muslim Personal Law Board strongly opposed the move with no woman member; it continues to dictate terms without any consultation with women. Many women organizations in India have resented the move, but the Muslim Personal Law Board continues to follow the policy without even entertaining the opinion. Rather it has opened a signature campaign all over India taking support from women of the Muslim community to reiterate that any change in the Sharia should come from within, and a strong opinion has been created that any move to change or ban the triple talaq should be resisted. Signature campaigns which are being conducted in Muslim dominated areas raises questions about the methodology through which the women are again being pressed against their wishes to become part of the campaign.

Most Muslim countries in the world, including Pakistan and Bangladesh, have banned triple talaaq. The action has been carried out in order to keep up with times. Turkey derived its code from a modified version of the Swiss Civil Code and that too way back in 1926. The religious imprint was taken away and judicial conclusion was allowed to prevail.  In Iraq, since 1959, divorce could be effective only after approval by government-run personal status courts. Algeria has adopted the same law, making a further provision for completing the reconciliation process within 90 days. These are the rules in Muslim dominated countries.

On the contrary in a secular India, the male chauvinism is so strong that even a semblance of discussion is rejected. The issue is likely to come up when the Parliament of India resumes its winter session. Many have called the move to ban the triple talaqas an agenda of ruling BhartiyaJanta Party to drive closer to Hindutva. With elections looming large in Uttar Pradesh, where a Muslim vote can tilt the balance in the case of a party, the issue of Triple Talaq, is likely to be treated for scoring a point.

It’s a disgrace that a secular democratic country has been continuing the practice of Triple Talaq fearing the annoyance of the community. The community is being treated as a vote bank as always and none is talking about gender parity.

Today, women are divorced by their husbands for the flimsiest of reasons, ranging from donning makeup to not being a good cook. Digital media divorce has only added to the suffering. What adds to the agony is that even the clergy is unsure of the validity of divorce using social media. Many a time, husbands in an embattled state like being drunk just say Talaq thrice, and the women is left with no option but to follow the diktat.

With so much at stake, majority Muslim countries namely, Egypt, Kuwait, Morocco, Iraq, Jordan, the UAE, Sudan, Yemen, the Philippines, and Syria have totally derecognized the concepts of triple Talaq. Then India should be strong enough to not allow these inhuman and illegal practices in the 21^st century within a secular and democratic nation. Instead of treating this as a religious issue linked with election, India would do good to let it get addressed as a question of equal rights to women.