Also demands a comprehensive law based on their draft that addresses other family issues
The Bharatiya Muslim Mahila Andolan (BMMA), one of the petitioners in the case in which Supreme Court banned triple talaq issued a statement asking both houses of the Parliament to pass the Bill on Triple Talaq. The ordinance for penalising Triple Talaq is to be taken up during this session of the Parliament. The group also demanded that its draft should be debated over so that Muslims have a law that covers all aspects of family life.
Noorjehan Safia Niaz, co-convenor of BMMA said, "We want the Act to be passed because despite the SC order, instant triple talaq is still happening. This ordinance is only about Triple Talaq. The amendment we wanted in the original Bill have been incorporated. But it needs to be converted into an Act now."
As per the amendments, the crime is recognised only when the woman herself or her blood relative files or file a complaint. The case can be dropped if a compromise is reached but, only if the wife approaches the magistrate. The magistrate can grant bail to the accused after hearing the wife and the woman gets the custody of the child and maintenance for both.
"Our comprehensive draft also talks about other issues that have not been take up," said Noorjehan. These include nikah halala, custody of children, polygamy, age of marriage, meher (money given to wife at the time of marriage), inheritance, maintenance during marriage and consent of both parties and maintenance during the marriage and after it.
"Consent is taken at the moment of marriage and not before that. The process is not followed. It is not that only girls are forced to marry. A number of times even boys are forced because they like someone else. It is for these reasons that we feel Muslims should have a proper codified law like other communities have," said Noorjehan.
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