MODI CREATED HISTORY BY REPEAL OF TRIPLE TALAQ ISLAMIC CUSTOM
30th
July 2019 – Historic Day for 90 million Indian Muslim Women due to the passage
of triple talaq bill in India’s
Parliament’s Upper House because a historical wrong was corrected by the
enactment . It is about restoring honour and dignity to
Muslim women. It is about establishing gender equality.
It is important to analyse Congress’s role on triple talaq through the prism of India’s recent
political history. Congress, which had more than 400 MPs in the Lok Sabha three decades
ago, had a great opportunity to change the historical wrong to Muslim women in
the Shah Bano case.
In 1985, the Supreme
Court had ruled in favour of triple talaq victim Shah Bano, made her entitled to an
allowance of Rs 500 per month, and had said that the order was in conformity
with the Sharia law. However, instead of
implementing it, Congress led by then Prime Minister Rajiv Gandhi succumbed to
pressure from clerics represented by Muslim personal board and the lure of vote
bank politics and enacted a law to nullify the court’s order.
As a pretest against
Rajiv Gandhi’s appeasement politics of
Muslim community, even the left-leaning legal luminary, former SC judge Justice
VR Krishna Iyer had strongly
condemned the action of Rajiv. Even Arif Mohammed Khan, a
minister in the then Congress government who had termed the court decision as
fair, resigned in protest against the government’s decision. Rajiv Gandhi had
made Khan believe that he would implement the progressive SC verdict, but, had
backed out much to the embarrassment of Khan.
The issue was
remained in cold storage for more than 30 years and when Modi Government was voted
to power with full majority during 2014, affected Muslim Women had become
embolden to approach the supreme court to put an end to the draconian triple talaq muslim cusotm and to their great
relief, the Supreme Court on August 22,
2017 declared the practice of triple talaq as unconstitutional and stated that it was vocative of Article 14 and 21 of
the Indian Constitution and triple talaq needs to go. The three judges Justices Kurian Joseph, R F Nariman and U U Lalit on the 5 judge
Constitution bench decided against triple talaq while two judges
JS Khehar and Justice Abdul Nazeer ruled in favor.
On 30th
July 2019, Rajya Sabha had also passed the
Muslim Women (Protection Rights on Marriage) Bill 2019, after the same was
passed by the Lok Sabha . With this passage
the ordinance was replaced by this
bill.
Now the practice of triple talaq was a criminal
offence. As per the proposed law, the
victim in such case can seek the custody of her minor children as well as
maintenance from her husband by approaching a magistrate after she has
registered a complaint with the police. The Law further states, that triple talaq in any form —
spoken, in writing or by electronic means such as email, SMS or WhatsApp — would be banned.
In the opposition, Congress, Trinamool Congress and Bahujan Samajwadi parties are headed
by women leaders. While Mayawati party had abstained
in Rajya Sabha at the time of
voting, both Sonia and Didi had not done justice
in supporting the triple talaq bill or at least
they, as women, should have sympathized with Muslim women being subject to
indignity, insecurity and inhuman practices of forcing them to family
prostitution under Nikah Halala. It should have been
humane on the parts of Sonia and Didi, if at least their party MPs. abstained at the time of
voting just like Mayawati. History will never
forget and forgive their actions and they should not have succumbed to Muslims vote bank appeasement politics.
Pappu Rahul who had started his
innings as the President of Congress Party with his pet slogan of ‘Empowerment
of Women, Gender Justice etc.’ could not have the courage to set right the
wrong done by his father in Shah Bano Case some 30 years back as the PM with more than 400
MPs. Yes, Rahul had once again
missed the Bus and had also lost the support of 90 million Muslim women.
Modi, on the other hand, irrespective of losing Muslims
support, had done justice to 90 million Indian Muslim Women who may now feel
grateful to our PM Modi, but, for him, they
might not have got justice, dignity and security in their marital life.
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