On 26th July 2019, Rajya Sabha, the upper house of Parliament, passed a bill that outlawed Triple Talaq and instantly made it appear like a criminal offence.
Triple Talaq was a custom that allowed any Muslim man to annul a marriage by pronouncing the word ‘talaq’ (Arabic for “divorce”) thrice. Written, or more recently, electronic forms were also in practice. The Muslim Women (Protection of Rights on Marriage) Bill received President Ram Nath Kovind’s assent on 1st August 2019.
Utthan, a leadership group working with survivors of human trafficking, voiced their opinion on the same:
We are pleased with this historic decision and want to pass on good wishes to all Muslim women who have stood firm in the face of all atrocities. We know of a few Muslim men who used triple Talaq to control the life of their wives. With the new law in action, a divorce needs to be carried out in the presence of an audience, allowing women some space to voice their side. This will also compel the man seeking a divorce to think before acting on his decision, contrary to the previous practice which was too hurried and instantaneous in most cases.
However, it does raise the risk that the offender will build pressure on the wife through torture. Meanwhile, the government’s job does not end yet as it has to ensure proper implementation of the law. Widespread campaigns, as well as frequent and detailed exposure through newspapers and audiovisual media, can help educate the masses about the law and its implications.
However, we do have a few pressing concerns. For instance, if the husband is jailed due to Triple Talaq, who will be responsible for providing the basic necessities to the wife? The government needs to introduce a system to ensure the safety and well-being of the wife. The education and well-being of children of such estranged couples may also suffer, as the wife will be occupied with court proceedings, in case the husband is jailed. The children may also get stigmatised by the community, as they will be viewed as the daughter or son of a mother who ensured legal punishment for the husband. Also, if the wife wants to withdraw the case, can the couple get back to living together after bail and will the charges be dropped altogether?
Keeping the apprehensions aside, we commend the historic decision and hope that our endeavours towards giving shape to a law on trafficking see the light of day soon.
about Utthan:
UTTHAN – More than Survivors. More than Stories.
Leaders in the fight to create a world without human trafficking.
UTTHAN is a survivors leaders’ collective in India, working individually and collectively to bring healing, justice and empowerment into communities, around issues of trafficking, sexual exploitation and violence.
Utthan promotes transformation through building a community of survivor leaders of human trafficking by creating a platform for survivor-led advocacy, peer-to-peer mentorship, education, skills development and leadership opportunities that embraces all survivors, regardless of gender, age, nationality or type of trafficking experience.