The National Commission for Women (NCW) recently filed an affidavit in the Supreme Court saying that practices such as triple talaq, nikah halala and polygamy should be strictly prohibited, reported the Times of India.
“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.
The commission also said that it supports the affidavit that the Centre had submitted to the Supreme Court on October 8 asking that triple talaq should be prohibited since the practice compromises gender equality.
The debate prompted the Law Commission to issue a questionnaire to know the public’s point of view on whether the Union Civil Code (UCC) will be a better option to deal with anti-women practices in various religions.
The Centre has denied linking the issue of triple talaq to the Uniform Civil Code, despite the fact that many Muslim organisations such as the male-dominated All-India Muslim Personal Law Board assert otherwise. The Centre asserts that the issue is gender-based, and not communal or political.
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The statement released by the Bharatiya Mahila Andolan that petitioned the Supreme Court to ban triple talaq, argues that the issue of triple talaq and the enforcement of a Uniform Civil Code should not be mixed together.
“These are two separate issues and should not be treated as similar. Triple talaq takes place without any Quranic sanction and causes tremendous…suffering to Muslim women, whereas UCC is a much larger question concerning all Indian citizens, irrespective of faith” it said.
The statement said, “We condemn the efforts by some patriarchal male bodies to misguide the Muslim community on the issue of triple talaq by showing them fear of the UCC and fear of attack on shariat law and Muslim identity. Rather than such unethical fear-mongering we believe that they should exercise their democratic right to voice their opposition to the UCC by informing the Law Commission of India about their reservations/ apprehensions. After all, the Law Commission is only seeking the views of citizens.”