Is there any news channel that has taken the time to educate themselves & viewers about the difference betw civil & criminal offences in matters of marriage, divorce, while discussing Ordinance against Instant Triple Talaq? #Thread on #TripleTalaqOrdinance
Most channels spread the false idea that the Ordinance by criminalising Muslim husbands who desert without a legal divorce, is ending a 'privilege' that Muslim men alone enjoyed. Men of all communities do it, Muslim personal law sanctioned it b4 SC verdict #TripleTalaqOrdinance
How can desertion of wives without legal divorce be treated as a criminal offence if a Muslim man does it and not if a Hindu man does it? Deter qazis etc from sanctioning it by scrapping registration if they sanction ITT. #TripleTalaqOrdinance
This is the problem with treating 'instant triple talaq' as some exotic practice by Muslim men, rather than realizing the obnoxious practice has a name in Muslim law but happens without a name in all communities, where the husband can desert without even saying 'I divorce you'.
ITT has a name coz Muslim personal law recognizes divorce & has other, better practices of divorce that aren't unilateral. Unilateral divorce amounting to desertion is the problem - whether it's done saying 'talaq' or not.
The solution is to ensure that unilateral divorce isn't accepted by law as divorce. Muslim personal law had sanctioned unilateral divorce in the form of ITT, this was wrong. The SC judgement on ITT sorted this. Now, punish any qazi etc who sanctions ITT by canceling registration
You can't criminalise an expression of intent to unilaterally divorce a wife, for Muslim men while not criminalising d same for men of other communities. Where such expression amounts to marital cruelty, 498A exists as a remedy in criminal law for ALL women. #TripleTalaqOrdinance
Nikah Halala on the other hand SHOULD be criminalized because it imposes sexual indignity and violence on Muslim women in the name of tradition. Any religious body sanctioning or ordering Nikah Halala shd also face criminal prosecution.
A High Level Committee report on Status of Women in India has submitted detailed recommendations for gender just reforms in personal laws of all communities. Why does this Givt ignore that report? Read a summary of its recos here cpiml.net/liberation/201…
The way most media is treating the #TripleTalaqOrdinance reminds me of 2013 when media helped spread the false bogey/moral panic that the law was being amended to LOWER the age of consent when in fact the age of consent was being RAISED, with disastrous effects!
Frightening & disgraceful that #TripleTalaqOrdinance is introduced WITHOUT informed debate & critical scrutiny either in Parliament or in our media
I put this thread out hoping that some journalists and news anchors at least will bother to do homework, read High Level Committee recos on Personal Laws, recognize that the same offence can't be treated as civil offence for non-Muslims & crime for Muslims. #TripleTalaqOrdinance
Oh & trolls who suddenly feel entitled to tell me I don't know the law and am ignorant - I've two decades plus of experience dealing with women's cases of illegal divorce across communities. I've studied the laws bare. Stop mansplaining, trollsplaining already! Educate yourself
The issue is not 'Uniform Civil Code' here - issue is that #TripleTalaqOrdinance violates India's existing uniform CRIMINAL law. #TripleTalaqOrdinance is creating a specific criminal law ONLY for Muslim men for an offence which is treated under civil law when Hindu men do it.
