Shayara Bano
In a 3:2 majority judgement the court said
"the practice is not integral to religious
practice and violates constitutional morality".
It has asked the federal government to bring
in legislation within six months to make
changes in law.
The verdict has come as a relief to almost 90
million Muslim women who may have been
affected by the practice.
Among the majority Sunni Muslims in India.
What is triple talaq ?
triple talaq bestows a husband the power to
unilaterally, without witness and instantly
divorce his wife at once.
Increasingly now social media platforms like
text messages, WhatsApp and Skype are being
used to carry out this practice.
For years Shayara Bano dreaded the word
talaq (divorce) until it finally came to her via
post.
The word "talaq" written three times on a note
signed by her husband was enough to end her
15 year marriage.
The 35-year-old endured an allegedly abusive
marriage, half a dozen forced abortions and
separation from her two children.
Unsuccessful at the family court, she took her
fight to the Supreme Court for equality
enshrined in the Constitution of India to every
citizen.
Sky News met Shayara and her family in
Kashipur, a small town in North India,
hundreds of miles away from Delhi where her
case is being heard.
Challenged by family
Her family has been threatened for challenging
religious practices and supposedly bringing a
bad name to Islam.
Her father Iqbal said: "This practice (triple
talaq) is not in the Koran, it's an unjust
unholy practice and destroys the life of a
woman and her family."
Shayara is lucky to have the support of her
family. She said: "Muslim women's lives are
living hell due to this and they get no justice.
Families are destroyed and children's futures
are in jeopardy. People must realise this is
illegal and accept the court's decision."
Hundreds of miles away in the old part of
Jaipur, Rajasthan, women gather at the office
of Bharitya Muslim Mahila Andolan (BMMA),
an NGO that is spearheading a campaign
against triple talaq.
Nishat Hussain, a community leader, told Sky
News: "We have fought against everyone for
years and our last hope is the highest court. A
woman's life is doomed within a few seconds
with this practice."
Beside her is Jahan Ara, one of the first
female Qazis - an Islamic Judge.
She too suffered an unfair divorce and knocked
on all doors for justice. After years of learning
the tenets of Islam, Jahan, 45, helps women
secure their rights - but she is unrecognised
by her male counterparts.
She told Sky News: "Today a Muslim woman is
not allowed to live a life according to Islam,
this is because of misogyny.
"We have to break this and must break it now
and give women their rights back, and that's
why we have to study the Koran to learn our
rightful place."
Nazmin Banu, 27, divorced a few months ago
and said: "Women are walking dead due to
this practice. Doesn't she have a right to live?
She looks to her husband but he snatches her
rights by this illegal divorce. Where will we
go?"
Twice divorced 20-year-old Nagma said: "It's
a curse we live by day in and day out."
Among the organisations opposing the women
are Muslim organisations led by the All India
Muslim Personal Law Board.
They insist it is one of the three methods of
divorce mentioned in the Koran and the case
is political.
Kamal Faruqui, a founding member of the
Muslim Personal Board, said: "Unfortunately it
has been blown out of proportion - not for the
benefit or welfare of the Muslim women but to
gain political mileage, because when you do
this then overwhelmingly other communities
feel that the present day government is doing
a human job by protecting Muslim women."
He said divorce rates among Muslims are the
lowest in the country, just 0.25 % of almost 90
million Muslim women, and these are only a
handful of cases - but he concedes it is a
sinful and immoral practice.
He told Sky News: "Removing this from our
statute books is not within our rights.
"We are advocating social awareness against
this practice not from the fear of the Supreme
Court or politicians but in our own way.
"Qazis are preaching against it. We bring out
brochures and have social reform committees
telling men not to divorce your wife on whims
and fancies."
The case has divided the community. Some
want their personal religious practices kept
outside the purview of courts while the victims
look for redemption.
Source: skynews
No comments:
Post a Comment