New Delhi, Nov 8: Registering its strong opposition to the practice of instant divorce as well as polygamy practised by Muslim men, the National Commission for Women(NCW) has told the Supreme Court that triple talaq was unconstitutional and had ruined the lives of many women.
"The commission is partaking of a large number of cases relating to women who have been at the receiving end of the practice of unilateral talaq. Triple talaq (talaq-e-bidat), nikah halala and polygamy are unconstitutional because they compromise the rights of Muslim women (or women who marry into Muslim community) to their disadvantage, which is detrimental to them and their children," the NCW said.
In its affidavit filed on Saturday in response to a bunch of petitions moved in the apex court by several women, the NCW said, "These practices -- triple talaq, nikah halala and polygamy -- should be strictly prohibited. NCW is supporting the stand of the Union government and is adapting the affidavit filed by it."
The Centre had filed its affidavit in the SC on October 7 and had requested the court to abolish 'triple talaq' and polygamy, terming them as unconstitutional customs hurting gender equality and women's dignity. The Centre had, however, refrained from linking its stand on triple talaq with the demand for Uniform Civil Code (UCC).
It had said that "gender equality and the dignity of women are non-negotiable, overarching constitutional values and can brook no compromise". Liberally throwing in arguments on secular practices, the Centre said one section of women in society could never be worse off than others.
It said even Pakistan, Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt, Sri Lanka and Iran had reformed their laws and had given equal rights to women in matrimony.
"In considering the issue of validity of triple talaq, nikah halala and polygamy which mainly concerns the issue of gender justice and overriding principle of nondiscrimination, dignity and equality, any plea pertaining to Uniform Civil Code is not relevant," it had said.
"Women must be equal participants in the development and advancement of the world's largest democracy and any practice (triple talaq and polygamy) which denudes the status of a citizen of India merely by virtue of the religion she happens to profess, is an impediment to that larger goal," the Modi government had said.
The Centre said triple talaq, nikah halala and polygamy could not be regarded as essential or integral part of religion and would not be included under the ambit of Article 25 of the Constitution that guarantees a citizen the right to practice and profess a religion of his choice.
The Centre had picked on the affidavit filed by All India Muslim Personal Law Board, that had defended the practices as religion-sanctioned customs even while terming them undesirable.
"No undesirable practice can be elevated to the status of an essential religious practice," the Centre said.
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Comments
Arif.... U r right Talaq happens in all community but there is control over it & justice is there for both women n men, but here some Muslims just throw girls like a saliva, if need swallow it no need spit it. Talaq means her life is ruined forever bcoz ur community doesnt give chance or educate women which will lead her life miserable but in other community its not like that if a Women is divorced very next day she will be mingling with society as if nothing happened , life should move for everyone as we are all humans.
Mr Mujeeeb, control ur tongue , i am a proud namazi muslima ... i have great faith in my religion and i am also strong believer in my country's constitution . we need justice which is guaranteed in the constitution . you cannot understand the trauma , i wish ur sisters or daughters must face the similar situation , then you will understand the pain which i felt . Comment no 9, what do you think about women ? is marrying a change of dress ,even we have feelings . dont float irresponsible comments . be it handful of crores of women , we need common civil code , so that we can gril people who are evading responsibilities under the garb of religious laws .
@Lloyd Dsouza,
The people who mis-use the triple talaq is very few. It is minority within minority. Talaq is not a favorable thing in Islam, neither it is encouraged. It is last option for the couple to separate, instead of bearing each other f
God Almighty has revealed a separate Chapter on divorce - At-Talaq. (Holy Quran:65). Divorce in Islam is not as how you see in India or anywhere else. Also... It is in the Holy Quran that you can marry four wives ONLY if you can do JUSTICE among them.. Do read it..and understand. may He guide us all.
Triple Talaq.....means u can marry any women then Divorce anytime & find again anyone. U mean u r committing Adultery.
Someone above said we have to read Quran to understand Islam properly, agreed we will read but what u people doing after reading Quran properly if u read it properly u should have been good example to others so that people may inspire by you to read Quran.
Reasons for Divorce :
A NRI from Dubai married a girl from kerala after a month of enjoyment with her he went to Dubai & announced Divorce through phone ....y? Reason he fulfilled his sexual desire from her.
A women who cant give birth to Male child will also get divorced.
A Women became old then shez no more beautiful , u can divorce?
A Man found & love with other girl after marriage also will divorce in Name of triple talaq.
If these things are good according to u & Quran i really dont want to read it.
more or less Muslims are ignorant and uneducated about triple talak method....religious preachers should shed more light on this matter in every nukes and corners of India...like how it should be done etc....as far as Mrs. Shahida, she is right from her view point and experience....many women are suffering from misused way of giving talak in India....which is not at all good....if we cant fix this problem somebody else will easily put their nose in to it (BJP & RSS)...scary....
Dear Mr. Ponder, You told correct let all human being in India study Quran with meaning then they will understand the value of Triple Talaq. This Mrs. Shahida didnot practice Islam correctly and she do not know about Islam and Quran as well as Hadith. So let her first make the study of Islam properly before supporting such finger count women group..
Shahida, if you have no respect to Islam and Sharia, why dont you leave it and accept other religion which will give you more respect than islam. Why are you favoring change in sharia whereas 99.99 percent women are favoring it and dont want any change in Sharia. Dont be a Munafiq. None is forcing you to practice Sharia. You have no right to ask for change in Sharia. It will remain unchanged at any cost. We dont need name sake people like you. If you want to follow Saitaan go ahead and enjoy his company. If you have no respect for men, dont get married to any man and better marry a female or else. NCW has no right to interfere in Muslim personal law. NCW is not concerned about the tragedies being faced by muslim women and they are worried about Talaq. This is disgusting and unacceptable. It will be better if NCW keeps away from Talaq issue. This is not your headache. Its our issue and we will solve it. You should not and never change a rule in favor of 0.0000001 percent misguided and hired women.
Sister Shahida,
If your husband had given you divorce, forget him for ever. Live as dignified woman with respect and honor instead of leading life as his slave. Islam has given you right to remarry a man of your choice.
Our Moulanas need to study Quran , for the procedures laid down for Talaq .... If that is followed, there will not be such situations ....
Why the men are in a hurry to give the talaq in one saying .... let them wait for 3, 3, 3 months period and complete the talak procedures as per quran ....
Why boycott polygamy???
Bcos it gives security, clothing, food, shelter to more women and their children?
Bcos it upholds the statuses of women in the society?
Bcos it gives her protection and honor in the society?
Bcos it gives a widows a chance to lead a decent life?
Bcos it gives a un-married aged woman a chance to have a husband and have a decent life?
Why no boycott for having unlimited girl friends, live-in relationships???
Bcos it ruins the life of women?
Bcos it hardly gives any statuses to women in the society?
Bcos it doesn't guarantee security, clothing, food, shelter for women?
Bcos it doesn't give protection to the children after the affairs?
Polygamy is much more than fulfilling the sexual desire of men.
Just imagine giving divorce thru our existing slow lethargic judicial systems, you ask for divorce and wait for 2-3 years to get the response. If the women who happens to seek the divorce from a drunkard, she has to bear him till court gives the clearance.
I oppose instance triple Talaq which is not a part of Islam, but I appreciate the triple Talaq system which gives protection to family system from breaking away so easily without giving proper due process of mutual consultation and settling the scores between husband and wife, involving people from two parties and with the final arbitration from the local khazi of the place.
These are all the bunch of women who destroyed the life of their husbands. Merely a handful number are not representing 20 crores. Ignore them those who are ignorant about their religion.
READ QURAN:
Whole mankind will understand who is Ignorant and who's not?
QURAN is a manual for whole of Mankind and not just muslims or arabs...
There are many Laws that will be understood only when you use your intellect and find the reason and logic behind such divine law..
ALLAH(God) has given intellect to everyone of his creation i.e HUMAN... and we should utilize it ... Unless we find out by research and reason and logic we are ending up just like the animals which is also a creation of God...
May ALLAH guide us all and to understand the divine law better and to implement with faith...
Yes, Your name is Shahida.
ShahidaMMa, Please fight for equal rights under constitution. Uniform Civil Code is what you need - good for you.
There should be no gender bias, Let women get same treatment as men
Let us first start off with;
- Special bus, queues, seats for women, should be banned.
Then we can talk of implementing No gender bias under Uniform Civil Code!! LOL!
#2 Shahida, if you want to bring this law, and if you know the pain, then dont get delay go and marry Mr. Modi.
We want equal rights under constitution . How long can we sustain this great injustice ? me being a divorcee , i know the pain and mental trauma . Central govt must bring this rule .muslim women have faced and continue to face gender bias .
- Prostitution in India [ 3 Million women according to reports ] continues, breaking the existing law.
- Live-In Relationships, ruining lives of men and more of a women.
- Unmarried Females, Having no choice in personal life - God save them!
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