Triple talaq cases rise in UP after law comes into force


Lucknow, Aug 19 (IANS): The Muslim Women (Protection of Rights on Marriage) Act, 2019 which criminalises triple talaq has, so far, failed to act as a deterrent to the cases of triple talaq in Uttar Pradesh.

In recent weeks, there has been a spurt in such cases in the state.

A woman from the Shamli district has alleged that her husband gave her triple talaq over the phone earlier this month. "My husband gave me triple talaq over the phone. I have his call recording to prove this. I want justice. If justice is not given to me then I will immolate myself," the victim said.

In another incident, a woman has claimed that her husband gave her triple talaq inside the premises of the Chief Judicial Magistrate (CJM) court in Etah earlier this month. The couple had come to the court regarding a case.

Similarly, in Hapur district, a woman has alleged that her husband gave her triple talaq after she was not able to fulfill his dowry demands.

A senior police official who spoke on condition of anonymity, has said, "There has, undoubtedly, been a spurt in cases of triple talaq which is baffling because the law on this issue is already in place. We see no reason for this except a kind of retaliation from the men in the community."

The law, which sanctions a jail term of three years for the husband who gives instant triple talaq, came into effect on August 1. Since then over a three dozen cases of violations have already been reported from across the state. In the cases reported to the police, action has been slow.

"In some cases, the families (especially, the women's) ask us not to take action since they hope for a rapprochement between the couple. In other cases, the men simply deny having given triple talaq to escape action," said a top police official.

A Muslim woman activist, however, said that the spurt in cases of triple talaq was a result of growing indignation among Muslim men who feel that their rights have been encroached upon.

"If the police take quick action, this law will serve as a deterrent in the future," she said.

  

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Comment on this article

  • ad, mangaluru

    Mon, Aug 19 2019

    Tripple Talaq effect turning into Sati now?

    DisAgree [1] Agree Reply Report Abuse

  • Vincent Rodrigues, Katapadi/Bangaluru

    Mon, Aug 19 2019

    May be due to favourable implications to the aggrieved party because of this latest amendment in law pertaining to Talaq.

    DisAgree [2] Agree Reply Report Abuse

  • SmR, Karkala

    Mon, Aug 19 2019

    Triple talaq seems to be boon for Muslim men who wanted to separate from their wife.

    As per the Quranic teaching of Islam, the entire process of divorce can be completed in the period of 90 days. But the botched 'Triple Talaq Bill' prepared by the Sangh Parivar 'Moulanas' under Muslim Munch the wife has to wait for 3years until the husband released after completing the sentence.

    No economic and socio-legal support is provided by the government in the Bill to women, children and other dependents when the erring men are put behind bars.

    The Domestic Violence Act, 2005 under Section 21 already provides for the aggrieved woman to be provided custody of the child and Section 20 provides for maintenance to be paid to her.

    Section 125 of the Code of Criminal Procedure, 1973 also provides for maintenance for the aggrieved woman.

    Since Muslim marriage is a civil contract between two adult persons, the procedures to be followed on its breakdown should also be of civil nature.

    Penal action to discourage the practice of instant triple talaq is a myopic view as it leaves many other issues of economic and social security of women unaddressed.

    The pronouncement of triple talaq having no legal consequences on the marriage means that such a proclamation by a Muslim man is essentially desertion of the wife.

    In any of the Personal Laws, the desertion of wife by a man is not a criminal offense. Therefore, while the Bill aims to criminalize the pronouncement of talaq, in effect, it is only criminalizing the act of desertion of a Muslim wife by her husband.

    Criminalizing desertion by Muslim men, which constitutes only a civil offense for men of all other religions, is discriminatory under the Constitution.

    Interestingly, Serious crimes like Causing death by rash or negligent act (IPC Sec 304A), Rioting (IPC Sec 147), Injuring or defiling place of worship with intent to insult the religion of any class (IPC Sec 295) all punishable by 2 years in jail or fine or both.

    Jai Hind

    DisAgree [3] Agree [5] Reply Report Abuse

  • Stiffler, Mangalore

    Mon, Aug 19 2019

    There is so much loophole in the law, no doubt it will increase. Anyone can frame their husbands even without ample proofs. Triple Talaq no doubt should be discouraged but the law that was passed is just a SHAM.

    DisAgree [5] Agree [8] Reply Report Abuse

  • MN, Mangalore

    Mon, Aug 19 2019

    No Law alone bring better to life.. Need of the hour is intra community interaction by the people who are naïve, educated and influential.
    May be to start the government initiate such move.

    DisAgree [2] Agree [2] Reply Report Abuse

  • anil, MP

    Mon, Aug 19 2019

    If we still think whatever written in the book has to followed means, we will be still in backward.

    DisAgree [4] Agree [5] Reply Report Abuse

  • Ahmed, Mangalore

    Mon, Aug 19 2019

    Most important thing to do now is to improve the education level of muslim men and women. The leaders from the
    muslim community must seriously think about this.

    DisAgree Agree [14] Reply Report Abuse


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