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LEGAL

uslim women activists “Triple Talaq the Ordinance does speak of the hus- Giving instant triple to honor the sentiments of the people
who had fought tooth band providing interim allowance to like her who has fought the battle for
and nail against Triple the wife during the period he is in jail talaq is now illegal the larger interest of Muslim women
Talaq menace are up in how can this be possible if the husband against this menace which reduces a
M arms again. This time Ordinance totally does not earn and does not belong to a and void, and will women to a mere object or commodity.
their anger is directed against the Cen- class that has estate or property from attract a jail term of “The three years imprisonment
tre’s hastily brought out Ordinance which this interim allowance can be should be changed to one and the
on Triple Talaq, after the Bill against it give. She said that only those women three years for the husband should be taken into custody
failed to get passed in the Upper House ignores woman’s whose husbands have landed property husband. To avoid only when he fails to take back his tri-
of the Parliament in the last session. Re- can benefit. ple Talaq pronouncement,” said Hasan,
named as Muslim women (Protection Naish Hasan, another Social activist misuse of the law, asserting that the family will be totally
of Rights of Marriage) Ordinance 2018, perspective” who works for women also agreed with the govt has included destroyed if the man is away for three
bearing the official seal of the President Amber’s views. A strong advocate of the years. According to her the entire re-
Ram Nath Kovind, by this Ordinance, anti Triple Talaq movement she feels some safeguards like sponsibility of keeping the household
dated September 19, instant Triple Talaq that the government has totally failed a bail provision together will fall on the shoulder of the
has been made illegal and void. Treated women and this will further increase
as a criminal offence, the Ordinance Alleging that the government both her financial as well as emotional
provides of three years jail term for the burden for which it is unlikely that she
husband. The Ordinance will become did not take into consideration is prepared as triple talaq is instantane-
an Act when it is passed by the Upper their recommendations, ous and catches her by surprise. She
house within six months from the date female activists cry foul said that if these recommendations are
it was issued not included the Bill will only be a for-
Alleging that the government did and say that the Ordinance mality and add to the exploitation.
not take into consideration the rec- creates more confusion, “It will entrench Muslim women
ommendations made by these Muslim victimised by triple talaq in the marital
women activists, these women are both writes KULSUM MUSTAFA patriarchy rather than liberating them,”
angry and disappointed. They said that said Hasan. “I see that the movement
this is not the law that they had fought Amber in a letter dated September against the evil of Triple Talaq got de-
for. According to them, the government 22, 2018, addressed to the president, railed even before it began. See the BJP
just did as it wanted – making a mock- CC to vice president, prime minster, took it in its hand right from the start
ery of the entire thing. union law minister and minori - and made all attempts to get maximum
“Yeh who nahi qanoon hai jo hum - ties minister has suggested that the political mileage from it.”
ney manga tha, jiskey liyey humney apna minority department of the govern- “By diverting all the government
raat din ek kar diya tha…” (This is not ment must bear the full responsibility machinery on this issue the BJP cleverly
the law for which we gave up our days of the victimized family while the man succeeded in covering up all the other
and nights,” says Shaista Amber, social of the house is in jail. She said that at no major issues like lack of development,
activist and founder of the All India cost should the wife and children be left social unrest that it would have been
Muslim Women Personal Law Board at the mercy of the brothers and parents confronted with” said an upper caste
(AIMWPLB). or other relatives of the man. She said businessman, who did not wish to be
Terming it as “anti Muslim women” education, medical aid and general well identified. “But for the BJP policymak-
Amber said that the provisions of the being should be the responsibility of the ers, their purpose has been fulfilled. An
Ordinance create more confusion and government during the period. upbeat government has sent home the
fail to protect the victimized Muslim She also suggested that instead of message clear and loud that the BJP led
women who was forced to take a legal instant arrest for the instant Triple government is committed to ensure
recourse against her husband when she Talaq offender efforts should first be social justice for its Muslim sisters and
was instantly divorced at one sitting, made by the government officials to daughters.”
most of the time on a very trivial issue strike a re-conciliation and only when “We have seen their pain and offered
like there being less salt in the curry all efforts fail should the man be taken them legal support,” says Hero Bajpai,
served for lunch. Amber said that by into custody. a BJP spokesperson. He vehemently
putting the husband instantly in prison According to Amber while fear denied the Opposition charge that this
on the complaint without hearing his of imprisonment will act as a deter- is the game plan of the government to
version is unjust and against the very rent for the husband, proper media- divert attention from the non-perfor-
institution of marriage. She also was tion may lead him to see what a great mance in development sector.
against three years of prison term and sin he has committed in a fit of anger,
said it should be less. rage or impatience. She said that while LETTERS@TEHELKA.COM

TEHELKA / 15 OCTOBER 2018 32 WWW.TEHELKA.COM TEHELKA / 15 OCTOBER 2018 33 WWW.TEHELKA.COM

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