Triple Tallaq Bill – A Response
By Rajinder Sachar, former President, PUCL
BJP is feeling triumphant that it has got the Triple Talaq passed in Lok Sabha making it criminal offence, which is motivated by its communal approach and especially prejudice against the Muslims. I hope Rajya Sabha where it is in Minority will reject this mischievous legislation.
The Supreme Court having declared Triple Talaq at one sitting as unconstitutional where is the need to make it criminal. Under Hindu marriage Act law, a Hindu can not have more then one wife, with the result that the second marriage is a nullify. This is specially provided by Sec 8(1) of the Act. This has not been made criminal and will only have civil consequences. So also will be the position in law of Triple Talaq at one go after the Supreme Court judgment.
Pakistan’s law on this subject is more progressive. It provides that any man seeking to give Talaq to his wife will have to inform the prescribed authority every month for 3 successive months. It is only then that Talaq is recognized as legal. The authority is also directed to fix maintenance for the wife, and other facilities.
Having thus declared Talaq at one go as void, there is no need for making it criminal. I am afraid the mindset of RSS dominated Modi Government is acting under the mandate of its leader Bhgwat who atrociously said that all persons born in India are Hindu, a mischievous statement which is anti Muslim and anti christen and which would be in violation of the preamble to the constitution which unambiguously directs that India is a secular country and thus all have the same rights. Any violation of this settled principle would invite impeachment and dismissal of Modi government.
Rajindar Sachar
New Delhi: 08/01/2018