All India Muslim Personal Law Board Urges Withdrawal Of Bill To Make Triple Talaq Illegal

The All India Muslim Personal Law Board (AIMPLB), on Sunday, urged the Centre to withdraw The Muslim Women (Protection of Rights on Marriage) Bill, 2017, which intends to outlaw instant triple talaq or talaq-e-biddat.

The Bill prescribes a punishment of three years and fine for any man who resorts to triple talaq, making it a cognizable and non-bailable offence.

In a resolution passed in an emergency meeting, the AIMPLB has opposed the Bill, opining that it is "against the welfare of Muslim women at large and it shall harm the interest of Muslim Women and the family".

It has further pointed out that the Bill was drafted without inviting suggestions from stakeholders, depriving them from "placing the actual position on the ground, correct position of law and the adverse consequences of the proposed law and welfare of the women and Children pursuant to 'non effective' Talaq."

Resolving to "oppose this Bill at all the levels and create awareness amongst the public at large", it finally asserts, "In view of the above, All India Muslim personal Law Board urges to the Central Government not table the present Bill in the Parliament. If the government considers necessary for enacting such law, the government must have consultations with the AIMPLB and true representatives of Muslim (women) organization etc and only then the Bill be prepared."

The AIMPLB has also decided that its President, Maulana Rabe Hasani Nadwi, will convey its stand to Prime Minister Narendra Modi.

The Bill has been drafted in the aftermath of the Supreme Court decision in the case of Shayara Bano v. Union of India & Ors., wherein the Court declared the practice of triple talaq as unconstitutional. The Statement of Objects and Reasons of the Bill notes that the judgment has not worked as a deterrent in bringing down the number of instances of triple talaq.

It explains, "It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce. In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them...

... The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment."