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Divorce Procedure Must be Prescribed in Triple Talaq Bill

The Bharatiya Muslim Mahila Andolan has written the letter to include the provision of talaq-e-ahsan in the bill. Talaq-e-ahsan makes it mandatory to go through the arbitration for a minimum period of 90 days before the initiation of divorce proceedings.
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Muslim’s women rights group has written to the members of upper house of the parliament just before a day the bill is up for discussion in Rajya Sabha stating that the bill should prescribe ‘Talaq-e-Ahsan’ which prescribes arbitration as a method to obtain divorce.

Last week the Muslim Women (Protection of Rights on Marriage) Bill has been passed by the Lok Sabha which contains provision providing imprisonment of three years for instant talaq,

The petitioner before the supreme court against the triple talak, The Bharatiya Muslim Mahila Andolan (BMMA) has written the letter to include the provision of talaq-e-ahsan in the bill. Talaq-e-ahsan makes it mandatory to go through the arbitration for a minimum period of 90 days before the initiation of divorce proceedings.

It is stated in the letter that the bill on triple talaq must include the provision of talaq-e-ahsan and the method should be available to both husband and wife so that no injustice to women is being done in the dissolution of marriage.

The bill passed by the lok sabha does not contain a procedure for obtaining divorce, it only makes the triple talaq unlawful.

The letter has been addressed to all Rajya Sabha members, congress president Rahul Gandhi, Mamata Banerjee, Sitaram Yechury and Akhilesh Yadav. Apart from these the letter has also been sent to Law Minister Ravi Shankar Prasad, Women and Child Development Minister, Maneka Gandhi and Minority Affairs Minister Mukhtar Abbas Naqvi.

It was also stated in the letter that the triple talaq should not be a cognizable and non-bailable offence as proposed by the bill. The letter further states that the bill should be guided by the earlier progressive laws such as bigamy law, anti-dowry law, prevention of domestic violence law, which are bailable and non-cognizable. 

Codified muslim law has been demanded by the BMMA based on Quran and should also include matter such as marriageable age; marriage registration; polygamy; mehr; child custody and inheritance.

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Reviewed by:
Mehak Sharma
Published on 02-Jan-2018
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