i fully agree with shri kumar ,this bill is not banning talaq but criminalizing triple talaq in one go and that is exactly what is needed
I think the debate on the matter is a non-issue. It has been made in the public as if the legislation has banned the practice of Triple Talaq, which is not the case. The Sharia Law has well described procedure for Divorce. Contrary to Hindu or Christian Belief System that marriages are made in Heavens, the marriage is a social contract in Sharia Law. Therefore, just as the contract can be made it can be broken too. The Sharia Law provides enough space for reconciliation and reapproachment. However, the society has circumvented the Law to suit the need of the Men and in the process women have suffered. Just pronouncement of Talaq three times is worng as per Sharia as well as on moral grounds. Regarding majority-minority issue, the majority has the moral obligation to look after the interests of the minorities and just and right things for the minorities should not be looked down upon as forcing of majority will on the minorities.
Regarding making Triple Talaq a non-cognisable offence, one needs to go into deeper. The intent is not only to make Instant Talaq null and avoid but also to deter the husband in avoiding taking the recourse of Triple Talaq. Suppose, a husband pronounces Triple Talaq and what is the meaning of making it null and void if there is no legal repurcussions to the husband. In order to deter a husband making an act which has been declared null and void by the Law, some kind of deterrent if required.
Regarding misuse of the provisions by wifes against their husbands, in that case, the onus of the proof of husband having pronounced Triple Talaq, shall lie with the wife and not the husband.
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