India outlaws Muslim divorce

INDIAN PRIME MINISTER Narendra Modi has tweeted his delight at the decision of the India Parliament to criminalise the “triple talaq” divorce allowed in the Muslim religion.

In 2017 the Indian Supreme Court declared the triple talaq was unconstitutional. A Bill was introduced into Parliament to make the practice a criminal offence – but the measure could not command a majority in the Upper House and did not become law.

Now the Bill has been passed, any man convicted of using the triple talaq can be sent to prison for up to three years.

The triple talaq allows a man to say “talaq” (“divorce”) to his wife three times – to her face, by phone or even by email – and the couple is then considered divorced. Those who have fought to criminalise triple talaq say that they are standing up for women’s rights. However, trying to equalise divorce seems a very partial improvement to women’s rights – and those people would probably be more credible if they were also fighting hard to prosecute rapists and allow women routes to independence that would allow them not to marry in the first place.

More telling is probably the fact that the measure is supported by the Bharatiya Janata Party (BJP) which is currently running the Government – but opposed by the Congress Party, which forms the official opposition. The BJP is believed to be hostile to the Muslim minority in India.

The BJP did not get it all their own way when it came to passing the Bill into law this week. Although it has formed a government, it does not have a majority in the Upper House of Parliament, and the Bill was only passed by 99 votes to 84 – after some members had walked out and others abstained.

Various Muslim politicians have said that the new law is not so much about empowering women who happen to be Muslim but rather about having a go at Muslims and their religion. They argue that rescinding the triple talaq may actually make it harder for women to obtain a divorce, as they will have to gather evidence and start a formal court case, rather than hoping their husband will divorce them.

Even though the Bill has become law, there is still a massive journey to undertake in India, the subcontinent and the world before we reach equality between men and women and before the followers of various religions find a way to live in peace rather than fear of each other.

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