Hyderabad, Feb 08, 2018 : The All India Muslim Personal Law Board (AIMPLB) on Thursday reiterated that the ’Triple Talaq Bill’ introduced by the Narendra Modi government is against the fundamental rights of Indian Muslims.
The AIMLPB, however, said that it is not opposing the bill, but raising certain objections to some of its provisions.
’’It has major flaws,’’ the AIMPLB said.
The apex Muslim body also said that the triple talaq bill was a big ’dhokha’ as it was against the fundamental rights of Muslim men and women.
"Our main intention is to find out the flaws in the triple talaq bill, which are doing injustice to the Muslim women and children and then get then corrected," the AIMPLB said.
The AIMPLB, which had earlier rejected the triple talaq bill, urged the government to first consult the stakeholders before enacting a law in this regard.
"You are requested to not pursue the said bill (Muslim Women (Protection of Rights on Marriage) Bill 2017) and rather withdraw the same. In case your government considers it necessary to enact a law in this respect, consultations must be held with the AIMPLB and such Muslim women organisations that are true representatives of Muslim women," it said in a letter to Prime Minister Modi dated December 25.
The AIMPLB had also said that the bill takes away the right to divorce from men.
The AIMPLB said that the proposed provisions in the Bill are against existing legal provisions set out in other legislation and "hence unwarranted" and the Domestic Violence Act, Guardianship and Wards Act and Criminal Procedure Code (CrPC) are "already in place".
"The terms set out in the proposed Bill also encroach upon the guarantees set out in the Constitution of India for the religious denominations," it said in the letter.
In a landmark ruling, the Supreme Court had set aside instant triple talaq or talaq-e-biddat as a "manifestly arbitrary" practice.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, which makes triple talaq a punishable offence, follows the apex court ruling delivered on August 22 last year in Shayara Bano vs Union of India case.
The triple talaq bill has been cleared by the Lok Sabha and awaits clearance from Rajya Sabha.
The offences under the purview of this bill will be cognizable and non-bailable. It shall extend to the whole of India except Jammu and Kashmir.