The proposed Triple Talaq Law or as named in Loksabha – The Muslim Women (Protection of Rights on Marriage) BILL, 2017, is being presented as A BILL to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto. Let us see if it actually helps the society or another stunt for the vote bank politics.
| Section | Description | Is it wrong, Why |
| 3 | Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. | If laws are made to help everyone, then this section is doing the opposite. By this section the Government is not helping, but simply taking away the option of a harassed male to get relief from an abusive wife / Irretrievably broken marriage. It goes against the spirit with which the Government had once tabled IRBM law to give the exit option to incompatible couples. This goes against the order of the Supreme Court to make law to give relief to couples trapped and suffering due to the irretrievable breakdown of marriage. |
| 4 | Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine. | The section has no merit. Being so loosely worded and without specific stress on proof this section is nothing short of becoming 498a like landmine against men. Everyone is aware of blatant misuse of 498a that was termed as legal terrorism, even by the Supreme Court. This will only help sadist women to harass innocent men and their families as presently happening with most of the anti-men laws created under guise of helping women. |
| 5 | Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.
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This section should not be allowed as it simply tends to act as a tool to transfer hard earned property of a male to a female; not because she contributed funds for it but just because she happened to be his wife. In fact, not just property but the male will also have to pay maintenance to the woman. For the votes of parasitic women the Government is creating easy ways to gift them a life time bounded labour along with his property too. |
| 6 | Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
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This section is absolutely not acceptable as it promotes parental alienation. It straight away snatches the kids from their father. The courts have so often warned against using kids as a weapon in marital issues. So the law should be pragmatic towards the needs of the child to have access to care of both parents not the other way round.
Cancelling this section is significantly important from the fact that most of the troubled kids and even many grown up criminals have a background of living with single mothers. |
| 7 | Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code.
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This section is absolute no no. If a practice has to be stopped, it just has to be declared as void. It is just illogical to have a criminal treatment to an act which is civil in nature; does not even lead to physical injury let alone death; is not even a crime as per social norms of the religion where it was applicable. In fact, making it cognizable and non bailable is just horrendous and smells of ill-intent to harass men and promote legal terrorism and extortion for bail. |
I am not the only one to find this proposed law reeking of bias and ill intent but many Muslim women too are against it. There have been many protest by Muslim women who understand that this law is a family breaker.
My analysis is that this law is not going to help the society as it is not a balanced law.
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