Latest laws Helping good people to do good things.December 3, 2017:
Other discriminatory practices like halala, mut’ah marriage and polygamy in Muslims too deserve Law.
NGO spearheading movement against the triple talaq has welcomed draft law prepared by Centre to curb practice, but demanded that it should also prescribe arbitration before the divorce as well as ban ‘halala’ and polygamy.
According to the Draft Law, giving instant triple talaq will be illegal and void and will attract a jail term of three years for the husband.
The bill proposes social security and the other safeguards for the victims, besides giving options to wife to seek custody of the minor children and demand maintenance for herself and the dependent children.
Bharatiya Muslim Mahila Andolan (BMMA) which is one of the Petitioner’s before the Apex Court stated that,”While we welcome provisions (of draft law), glimpses of this bill as appearing in press, leave a lot to be desired. While bill pronounces triple talaq as an offense, it has not given an alternative method for the divorce”.
NGO has been advocating ‘Ahsan method’ of the divorce wherein arbitration lasts for a minimum 90 days and is mandatory even before beginning of divorce process.
The Organization further added that,”Unless arbitration before the divorce proceedings is not made mandatory, proposed law will only criminalise a certain method without providing the alternative”.
Along with the triple talaq, the other discriminatory practices like halala, mut’ah marriage and the polygamy must also be addressed in bill.
Halala refers to a practice where the woman has to consummate her marriage with another man before she can return to her former husband. While Mut’ah marriage is regarded as temporary marriage which is only for a specified duration.
“Mut’ah marriage, which has an inbuilt divorce provision, must also be struck down as there cannot be any automatic divorce.
BMMA had sent a draft law against the triple talaq, a copy of which was sent to Prime Minister in the year 2015.
Organisation has demanded that the Special Committee of Ministers, headed by Home Minister Rajnath Singh, should consider their draft law, which group had prepared after consulting the thousands of the Muslim women, experts and the scholars.
Read Laws @ Latest Laws –
- Muslim Personal Law (Shariat) Application Act,1937
- Muslim Women (Protection of Rights on Divorce) Act,1986
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Source - ptinews.com
