New Delhi: The ban on the practice of verbal, unilateral, triple talaq and also against Polygamy amongst the religious minorities, including Muslims, is called for by the Committee which was appointed for the reviewing of the aspects of the Personal Laws as connected with the Marriages, Divorce and custody prevalent such minorities.
It was seen on 28th day of March, when the honourable Supreme Court of India had asked the Central Government to submit the said report of the committee, in six weeks thereof. The Court was hearing the plea, which was preferred by the Uttarakhand based Muslim Woman- Shayara Bano. This Shayara Bano basically from Kashipur in that state, mentioned in her petition that she was divorced by Triple Talaq in the year 2015 by her husband. And in her claim she preferred to challenge the constitutionality of the Muslim’s Triple Talaq practices and also the Polygamy along with Nikah halal.
In the committee’s review, the panel found stating that the “wives extremely vulnerable and insecure regarding their marital status”. Thus, the committee found suggesting that the Dissolution of Muslim Marriages Act, 1939 be amendment to some extent. Moreover, the concerned Bench of Supreme Court, comprising of honourable Chief Justice of India- T. S. Thakur and Justice U. U. Lalit, in this connection also had required the filing response from the Ministry of Minority Affairs. Moreover, in the petition, the Muslim woman- victim of divorce by Triple Talaq, further stated that this practice of triple talaq is not “harmonious with the modern principles of human rights and gender equality” and also it is not even the “part of the Islamic faith”. Moreover, supporting her claim she sought to give examples of Saudi Arabia, Iraq and Pakistan where such practice of Triple Talaq is banned or restricted.
Further her claims including that the “practice of talaq- e- bidat (Tripal Talaq) and divorce of a woman without proper attempt at reconciliation, ‘violates the basic right to live’ with dignity of every Muslim Woman”. The high level committee which has published its report’s instances in the daily news agency- The Indian Express, was set up by the Central Government.
Adv. Faim Khalilkhan Pathan