In a historic moment, the Triple Talaq Bill has turned into law. While uncertainties plagued this initiative of the Modi government since its first term, the way was clear with Parliament passing the bill via careful canvassing of selective Opposition support. The Presidential assent turned the Bill into an Act and the proclamation through a gazette notification has been issued. Admittedly, there is some disquiet about certain aspects of the new law, like making the talaq system a criminal act. This would mean a jail of three years for such men, as also a fine.
On the positive side, the Modi government has mustered courage to effect a social transformation even if this is limited only to the Muslim community. Muslim women were at the receiving end for long years. An order by the Supreme Court in the Shah Bano case in 1985 to make men committing triple talaq accountable had been nullified by the then Congress government headed by Rajiv Gandhi. The issue persisted and acquired more seriousness in the new age when rights and dignity of women are increasingly acknowledged and respected. A divorce, irrespective of religions, has to be a much contemplated act and a last resort after all avenues of reconciliation have failed on the part of a married couple. The law of the land is clear about this.
Chanting the talaq word thrice or sending a text message in a jiffy and effecting a marital separation is among the harshest of human acts. The claim that there is religious sanction for this is questioned by progressive Muslims themselves. Notably, even Islamic nations are among the over 20 nations that have banned the system.
A question raised by those who opposed the legislation in Parliament, including AIMIM chief Asaduddin Owaisi, was on the criminality and jailing clauses in the law. Their poser was how a man can provide maintenance to the divorced woman if he served a jail term for three years. Point to note is also that if criminality is not attributed to talaq, the tendency to resort to it will be more. It can be argued that the BJP-led government has a vested interest in promulgating this law on Muslims, who are seen to be anti-BJP and pro-Congress. On the surface, this might look likely. But, the significance of the new law as a revolutionary step cannot be ignored or wished away. This law is welcome.