New Delhi: The Bhartiya Muslim Mahila Andolan (BMMA) and other organisations have approached Prime Minister Narendra Modi to suggest amendments to the proposed triple talaq law and reduced jail term for husbands from three to one year.
BMMA, who were one of the petitioners in the triple talaq case before the Supreme Court, wrote to Modi, seeking a recognition for talaq-e-ehsan in the proposed bill so that "even husbands can resort to the practice".
"The amended bill lays down elaborate procedure of divorce based on the talaq-e-ehsan method involving reconciliation, mediation and dialogue between the husband and wife over a minimum 90-day period. This would be somewhat similar to the six month cooling off period before divorce in a Hindu marriage. The responsibility of carrying out this procedure is on the husband," said Zakia Soman, chairperson, BMMA.
The organisation along with advocate Badar Saeed’s Roshni, Shaista Ambar of All India Muslim Women Personal Law Board and Sharifa Khanam’s STEPS approached close to 60,000 Muslim women seeking their views on the proposed Muslim Women Protection of Rights in Marriage Bill 2017.
According to Soman, most of the woman wanted the jail term to be extended from five to 15 years for a husband resorting to instant talaq, but the decision to lower it was taken so that it does not seem that "petitioners just wanted men to be behind bars. Patriarchy cannot be the answer for patriarchy".
The members have also urged the government to make amendments so that FIR in such a case can only be lodged by the wife.
"The wife can register a FIR if the husband violates this procedure and indulged in talaq-e-biddat. The husband can be fined/ imprisoned up to 1 year if he breaks the law and the wife registers a FIR. The right to file an FIR should be only with the wife and nobody else," the application says.
On January 5, Rajya Sabha was adjourned after the triple talaq bill was pushed to the budget session which begins later this month.
The Muslim Women Protection of Rights in Marriage Bill 2017 seeks to make instant divorce a criminal offence and proposes up to three years in jail as punishment for a Muslim man who resorted to it.
The bill was tabled after the Supreme Court held the practice unconstitutional last year. Law minister Ravi Shankar Prasad urged MPs to pass the bill pointing out that despite the Supreme Court order, instant "triple talaqs" are happening every day.
However, one point of criticism which ruled both the houses was how would a Muslim women look after her children once the husband is in jail.
BMMA had now suggested that amendments which ensures that wife resides in marital home in case husband is jailed.
"The wife's right to maintenance support, guardianship of children as well as right to reside in marital home must be protected during the process of divorce," Soman said.
The proposed bill by BMMA recognises three forms of separation between husband and wife.
The first being divorce through Khula or the insistence of the wife, divorce by husband (talaq) and mutual consent or Mubarah.
The entire procedure of arbitration in talaq-e-ehsan has been laid out in the proposed amended bill which states how the arbitrators would be appointed and how the process of arbitration would be held.
Soman has also echoed the suggestion put forth by the opposition and told News18, "The bill must be referred to a select committee if not a standing committee."
The application has also been addressed to the Congress president Rahul Gandhi, Law Minister Ravi Shankar Prasad, Minority Affairs Minister Mukhtar Abbas Naqvi, Minister of Women and Child development, Maneka Gandhi, chairperson of Law Commission of India, Justice BS Chauhan and Chairperson of National Commission for Women, Rekha Sharma.
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