BMMA welcomes draft law to criminalise triple talaq

Bharatiya Muslim Mahila Andolan (BMMA), one of the petitioners in the triple talaq case in the Supreme Court has welcomed the draft law of the government that looks to criminalise instant triple talaq. The move comes days after another group stated that the issue should not be criminalised and that it would affect the issue.

"While we welcome the criminal provisions that the new draft Bill on instant triple talaq mentions of which we have been getting glimpses in the press, the bill leaves a lot to be desired. While the Bill pronounces triple talaaq as an offense, it has not given any other alternative method for divorce. All civil laws are in a way connected with the IPC and if there is no penal provision, then it will not be any different than an court order. Laws are effective only because they have penal provision," said Noorjehan Safia Niaz, convenor of the BMMA.

BMMA suggested that Ahsan method where arbitration should last for minimum 90 days and is also mandatory be introduced even before the beginning of divorce process. "This method of divorce is applicable to both men and women. Unless arbitration before divorce proceedings is not made mandatory, this proposed law will only criminalise a certain method without providing an alternative. Justice to Muslim women also includes a divorce process where she has an equal participation in the proceedings and has an equal say in the settlement of other rights, if at all the divorce happens," added Noorjehan.

The group also demanded that other "discriminatory practices like halala, muta marriage, under age marriage and polygamy" must also be addressed in the Bill. "All these issues are linked to triple talaaq. Polygamy should be banned otherwise without divorcing, people will remarry. If marry underage people, that too should be punished. There is no reason if a Hindu man is being punished for multiple wives or under POCSOA, a Muslim should go unpunished," said Niaz.