The Muthalaq Bill passed by the Lok Sabha and the Rajya Sabha on the pretext of protecting  Muslim women is unconstitutional and will go to the Supreme Court to get the tripple thalaq law repealed  said the IUWL national general secretary Adv. Noorbeena Rasheed.

India is a country where the Muslim community has lived for over a thousand years. The shatiat application act was enacted and ratified by the British during the British rule. When the country became independent, our constitution guaranteed right to religion as fundamental right and marriage and related affairs were regulated by personal laws  . For last seventu years muslim minorites were governed by their personal law ie shariath law .

The Constitution gives fundamental rights to different religions the right to live and die in accordance with thrir personal law. Unfortunately, Muthalaq law was enacted ie  passed by Lok Sabha and subsequently the Rajya Sabha. This is a dark chapter in the history of India. Due to the granting of religious freedom and  rights to minority s are carried out by their personal law. The present law has led to the discrimination of Muslims only when criminal law is charged in the Marriage Act.

Muthalaq was already made invalid  by the Supreme Court. Keeping in-hold of a case that has been Cancelled even without any legality has now been charged as a criminal offence with no bail ,will create a major negative impact. The law that comes into effect with the signing of the President is only meant to make life difficult for the Muslim man and woman. This is likely to be misused as another weapon for minority hunting, including in North India. Advocate Noorbina Rasheed said that she would go to the Supreme Court and would fight till the end to get the trippe talaq law is declared  discriminatory law as unconstitutional.

Women will be the ultimate sufferers of the triple talaq legislation as they will be damaging their homes and causing harm to their husbands ,Asma Zehra, the Chief Organiser of the women’s wing of the All India Muslim Personal Law Board (AIMPLB) said on Wednesday.

“The lady who lands in such a problem will get nothing. In fact she will be damaging herself in many ways. She will be damaging her home and causing lot of harm to her husband,” said Zehra. The Bill makes the practice of pronouncement of instant triple talaq by a husband punishable with up to three years in jail.

She pointed out that for victims of domestic abuse, the country has the Protection of Women from Domestic Violence Act which has many doors open for reconciliation and repair of damages in marriages while this Bill has nothing.

“The minute a woman goes for an appeal under this Act, she herself will damage her home,” she said.  She believes that even the lawmakers and judges will find it very difficult to handle these cases because the burden of proof lies with women. She feels that this will impose lot of burden on the judiciary and the legal fraternity.“This bill has nothing to do with Muslim women empowerment or their protection. It is just vote bank politics of the ruling party,” she added.

Zehra slammed the regional opposition parties for what she called deceiving the Muslim community by not opposing the defective bill. She said the weakening of opposition and opposition leaders led to this “calamity”. She pointed out that two crore women had come out on the streets to protest against the bill. “Muslims should learn lessons from what has happened. Everything in future depends on how you understand the whole issue now,” she added.