Swaraj India’s Statement on Tripal Talaq
Swaraj India’s commitment to gender justice has led it to support reform of all personal laws to prune these of any anti-women provision. Triple Talaq is clearly an example of such practices that have no place in today’s India. This practice is inhuman, unconstitutional and not sanctified by Islam. Therefore Swaraj India demanded its abolition and welcomed decision of the Supreme Court to declare it illegal. This decision was widely welcomed by all sections of Indians, including Muslim women and men.
Since there are reports of some Muslim husbands still persisting with this reprehensible practice, there is a case for a law to ban this practice and provide support to its victims. To that extent Swaraj India supports, in principle, The Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill passed by the Lok Sabha goes a step further and makes this practice a criminal offence. It is noteworthy that this provision was not demanded by the movement that carried out a crusade against Triple Talaq. Many activists and jurists, with unquestionable record of fighting for equality for Muslim women, have drawn attention to some undesirable consequences of this provision. They have also raised concerns about shifting quasi-judicial powers to police and administration. We hope the government will listen respectfully to these concerns and objections before the bill is finally passed. We also hope that the concern for the plight of women will be extended to similar anti-women practices across all communities.