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The Muslim Women (Protection of Rights on Marriage) Bill, 2017 is now being opposed by the Bebaak Collective, a women’s rights group after the bill has been criticized and opposed by the All India Muslim Law Personal Board (AIMPLB).
The triple talaq bill has been passed by the Lok Sabha on thursday and it provided that the for resorting to triple talaq a person shall be punished with three year imprisonment and it also made the triple talaq a cognizable and non-bailable offence.
The Bebaak Collective, which played an important role in Shayara Bano case stated that the bill is arbitrary and warned that the provision regarding the imprisonment of muslim men will add to the insecurity and will alienate the muslim community.
The collective has called for broader consultation on the bill stating that the lawmaking should be developed in the spirit of transparent, participatory and democratic process. The bill should benefit the affected sections.
The Collective said that they appeal to the Members of Parliament not to hastily pass the bill on triple talaq and the bill should be passed after consultation with the broad range of stakeholders affecting from the bill especially muslim women.
The Collective further opposed penalizing of triple talaq and claimed that it “will not help in getting justice for women.” They further stated that there is no reasonability in criminalizing the practice of talaq-e-biddat. Using penal actions leading to imprisonment to discourage the practice of triple talaq will not help in getting justice for women. When a woman reports a complaint about triple talaq, he wants to continue staying in matrimonial home and draw financial support from her marital home. Imprisoning the husband will deprive her of both, making her and her children even more vulnerable.
It was further added by them that all personal laws are discriminatory against women and the aim of the government should be to create new laws or amend the existing ones to be in conscience with the fundamental rights and non-discrimination.
Further, it advocates for cancellation of registration of any qazi or religious or social organization for encouraging, abetting or administering instant triple talaq. It, however, supports criminalization of nikah halala.