Triple Talaq: Truly a Cognizable, Non-bailable Offence
The recent Anti-Triple-Talaq Bill passed at the lower house of Indian parliament has marked Instant Triple Talaq TT a cognizable, non-bailable criminal offence.
However, the Bill got stuck at the upper house of the parliament as the majority opposition there wanted to change TT into a non-cognizable offence & wanted NOT to criminalise Triple Talaq but to put it in Indian Civil Code.
The said Bill is written followed by banning of Triple Talaq by the Supreme Court of India.
A section of Muslim men has been aggrieved by the Apex Court banning Triple Talaq. Therefore, when the parliament brought a Bill keeping TT as a cognizable, non-bailable offence, they placed some arguments as follows:
1. The SC has declared TT banned.
2. Therefore, even if a Muslim man utters TT, it is obvious that Talaq hasn't happened (by Apex court order)
3. They meant, since TT is banned, & by uttering TT, Talaq is not ensured, hence just 'uttering TT' can never be treated as a crime.
4. So, how can a man be punished for a crime which he hasn't done or which is not possible to be done any more, they asked.
However, these arguments may be crossed with valid reasoning. The rationale behind making TT a cognizable, non-bailable offence is as follows:
1. SC has banned a particular practice called Triple Talaq. So, continuing to practice it is a violation of the SC order & hence a crime. To ensure that no one indulges into it, a criminal law was needed.
2. If it is not treated as a criminal offence and kept within the ambit of Civil law, it would be of no use in practice, and would be a hoax in reality, especially in a cleric-dominated society like that of the Muslims.
3. The anti-Triple-Talaq Bill has marked TT as a cognizable offence because if it'd been kept non-cognizable, the police would have had no capacity to intervene into the matter even if a man practiced TT in spite of the SC ban.
4. So, identifying TT as a cognizable offence was required to enable the police force to intervene into the matter if required.
If TT is not marked as a cognizable criminal offence, the law enforcing authorities like police will remain devoid of any power to take any action against anybody who will ignore the provisions of law and thus the malpractice of instant Triple Talaq would continue & it is most likely that Mullahs would not care about anything else.
5. The reason behind keeping it non-bailable is that, if police themselves would have had the capacity of granting bail, men would often try to influence police & the women would continue to be heckled in the sternly patriarchal society by the use of this age-old malpractice in the name of religion.
The main objective of any law is to prevent people from committing an offence. There's no use of a making a law which will indicate a deed to be an offence but can suggest no action against one who commits it. Therefore, if the Muslim men rest assured that nothing significant would happen to them even if they give instant Triple Talaq, is it likely that they would stop doing it?
One should be sensitive & pragmatic enough to understand that a Muslim man who attempts to divorce his wife just in a momentary outrageous decision, basically has an aggressive & defective psyche. Their psychological grooming in the light of Islam and hence the belief is deep-rooted in them that TT is a rightful practice of Muslim men & the religion itself has given them the right. Hence, their morale also remains strong in doing a misdeed like TT and they themselves don't believe it to be a misdeed.
Therefore, if the nation has to uproot such a malpractice, it needs to address the diseased psyche of those men who attempt to or believe in practicing TT. Addressing their psyche, the law needs to put some fear of punishment into their minds. That is why the Anti Triple Talaq Law is logically criminalized. If fear of punishment cannot be implanted in them, the deep-rooted, dogmatic belief cannot be stopped from being practiced. Shouldn't we be sensible enough to realize that?
However, ideally it should have been a civil law as it pertains to marriage. On the other hand, the task of changing the psyche of a society is certainly a difficult one & hence may often need a fairly strong criminal law, though it's very unfortunate that the State happened to identify criminality even in a pious social institution called marriage. Realities are often very harsh!
If our objective is truly to get rid of a curse called Triple Talaq from our society, then the law should mark TT to be a cognizable, non-bailable criminal offence. And if we just want to give an eyewash & make a law just for the sake of making one, then we may shout for a compromised Civil law regarding it. However, by the latter, the Muslim women would gain no justice, neither would the Muslim men lose anything from their portfolio of religious rights.
However, the Bill, I suppose, needs some changes as discussed by a group of Muslim women as shown in a National media channel, India Today. I've a set of suggestions about how the Bill may be changed to take care of both the security of Muslim women as well as changing the dogmatic mindset of Muslim men. One may please read the other blog of mine about how the ideal anti triple talaq bill may be. https://dbsdesk.blogspot.in/2018/01/how-should-ideal-anti-triple-talaq-bill.html
Congress & Co. play a double standard here. The party doesn't want to be defamed by opposing progressive Anti-Triple-Talaq Bill, thus avoiding the chance of losing support from Muslim women, but at the same time, wants to make a law which remains completely non-venomous & timid so that Muslim Men remain satisfied & pacified. Thus Congress just wants to protect the law-breakers by restraining the law-enforcement authorities from taking any action against such offenders.
I feel no hesitation to express that the venomous party called Congress of European origin & still headed by a person of European origin should be completely eradicated from the soil of India.
However, the Bill got stuck at the upper house of the parliament as the majority opposition there wanted to change TT into a non-cognizable offence & wanted NOT to criminalise Triple Talaq but to put it in Indian Civil Code.
The said Bill is written followed by banning of Triple Talaq by the Supreme Court of India.
A section of Muslim men has been aggrieved by the Apex Court banning Triple Talaq. Therefore, when the parliament brought a Bill keeping TT as a cognizable, non-bailable offence, they placed some arguments as follows:
1. The SC has declared TT banned.
2. Therefore, even if a Muslim man utters TT, it is obvious that Talaq hasn't happened (by Apex court order)
3. They meant, since TT is banned, & by uttering TT, Talaq is not ensured, hence just 'uttering TT' can never be treated as a crime.
4. So, how can a man be punished for a crime which he hasn't done or which is not possible to be done any more, they asked.
However, these arguments may be crossed with valid reasoning. The rationale behind making TT a cognizable, non-bailable offence is as follows:
1. SC has banned a particular practice called Triple Talaq. So, continuing to practice it is a violation of the SC order & hence a crime. To ensure that no one indulges into it, a criminal law was needed.
2. If it is not treated as a criminal offence and kept within the ambit of Civil law, it would be of no use in practice, and would be a hoax in reality, especially in a cleric-dominated society like that of the Muslims.
3. The anti-Triple-Talaq Bill has marked TT as a cognizable offence because if it'd been kept non-cognizable, the police would have had no capacity to intervene into the matter even if a man practiced TT in spite of the SC ban.
4. So, identifying TT as a cognizable offence was required to enable the police force to intervene into the matter if required.
If TT is not marked as a cognizable criminal offence, the law enforcing authorities like police will remain devoid of any power to take any action against anybody who will ignore the provisions of law and thus the malpractice of instant Triple Talaq would continue & it is most likely that Mullahs would not care about anything else.
5. The reason behind keeping it non-bailable is that, if police themselves would have had the capacity of granting bail, men would often try to influence police & the women would continue to be heckled in the sternly patriarchal society by the use of this age-old malpractice in the name of religion.
The main objective of any law is to prevent people from committing an offence. There's no use of a making a law which will indicate a deed to be an offence but can suggest no action against one who commits it. Therefore, if the Muslim men rest assured that nothing significant would happen to them even if they give instant Triple Talaq, is it likely that they would stop doing it?
One should be sensitive & pragmatic enough to understand that a Muslim man who attempts to divorce his wife just in a momentary outrageous decision, basically has an aggressive & defective psyche. Their psychological grooming in the light of Islam and hence the belief is deep-rooted in them that TT is a rightful practice of Muslim men & the religion itself has given them the right. Hence, their morale also remains strong in doing a misdeed like TT and they themselves don't believe it to be a misdeed.
Therefore, if the nation has to uproot such a malpractice, it needs to address the diseased psyche of those men who attempt to or believe in practicing TT. Addressing their psyche, the law needs to put some fear of punishment into their minds. That is why the Anti Triple Talaq Law is logically criminalized. If fear of punishment cannot be implanted in them, the deep-rooted, dogmatic belief cannot be stopped from being practiced. Shouldn't we be sensible enough to realize that?
However, ideally it should have been a civil law as it pertains to marriage. On the other hand, the task of changing the psyche of a society is certainly a difficult one & hence may often need a fairly strong criminal law, though it's very unfortunate that the State happened to identify criminality even in a pious social institution called marriage. Realities are often very harsh!
If our objective is truly to get rid of a curse called Triple Talaq from our society, then the law should mark TT to be a cognizable, non-bailable criminal offence. And if we just want to give an eyewash & make a law just for the sake of making one, then we may shout for a compromised Civil law regarding it. However, by the latter, the Muslim women would gain no justice, neither would the Muslim men lose anything from their portfolio of religious rights.
However, the Bill, I suppose, needs some changes as discussed by a group of Muslim women as shown in a National media channel, India Today. I've a set of suggestions about how the Bill may be changed to take care of both the security of Muslim women as well as changing the dogmatic mindset of Muslim men. One may please read the other blog of mine about how the ideal anti triple talaq bill may be. https://dbsdesk.blogspot.in/2018/01/how-should-ideal-anti-triple-talaq-bill.html
Congress & Co. play a double standard here. The party doesn't want to be defamed by opposing progressive Anti-Triple-Talaq Bill, thus avoiding the chance of losing support from Muslim women, but at the same time, wants to make a law which remains completely non-venomous & timid so that Muslim Men remain satisfied & pacified. Thus Congress just wants to protect the law-breakers by restraining the law-enforcement authorities from taking any action against such offenders.
I feel no hesitation to express that the venomous party called Congress of European origin & still headed by a person of European origin should be completely eradicated from the soil of India.
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