New Delhi: The evil practices like triple talaq, nikah halala and polygamy are ruining many lives of Muslim women in the Indian society.
One such example has come to the fore. While speaking to All India Muslim Women Personal Law Board (AIMWPLB) president Shaista Amber, a nikah halala ‘victim’, narrated her ordeal.
The woman said she was asked by her husband to get married to another person as per nikah halala customs, and thereafter she would divorce her new husband and he would happily accept her.
But to her dismay, her husband refused to accept her despite promising her in writing.
Video embedded at the end of the story.
‘Nikah halala’ is a practice intended to curb incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced, observing the separation period called ‘Iddat’ and then coming back to him again.
Several Muslim women have challenged the practice of ‘triple talaq‘ in which the husband, quite often, pronounces talaq thrice in one go, sometimes over phone or text message.
Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath have advocated for the rights of Muslim women and called for the abolition of the triple talaq and nikah halala.
Triple talaq, ‘nikah halala’ and polygamy violate Muslim women’s right to equality and dignity and are not protected by the right to profess, practise and propagate religion under Article 25(1) of the Constitution, the Centre has told the Supreme Court.
While putting forward its arguments before the SC bench, the government reiterated its earlier stand saying these practices render Muslim women “unequal and vulnerable” as compared to men of their community as well as women belonging to other communities.
The Centre described triple talaq, ‘nikah halala‘ and polygamy as “patriarchal values and traditional notions about the role of women in society”.
“There are unreasonable classifications which arise from practices such as those under challenge in the present petition, which deny to Muslim women the full enjoyment of fundamental rights guaranteed under the Constitution,” it said.
Observing that the judicial conscience is “disturbed”, the Allahabad High Court has held that triple talaq is “cruel” and raised a question whether the Muslim Personal law could be amended to alleviate the sufferings of Muslim women.
Coming down heavily on the practice, the court had held that this form of “instant divorce” is “most demeaning” which “impedes and drags India from becoming a nation“.
“The question which disturbs the court is — should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? Whether the personal law can be amended suitably to alleviate their sufferings? The judicial conscience is disturbed at this monstrosity”, a single judge bench of Justice Suneet Kumar had said.
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