The Central Government has proposed a Bill in the name of Protection Rights on Marriage relating to Muslim Women wherein the consequences of Talalq e Biddat, criminality attached thereto and its consequences alongwith the right of custody of minor children has been set out. It has been projected that the bill proposes to protect the rights of the married Muslim women. The All India Muslim Personal Law Board (AIMPLB) has examined the Bill in its meeting held on 24rth December 2017 at LUCKNOW and it finds that;
- The consequences of the proposed Bill are against the welfare of the Muslim women at large and it shall harm the interest of the Muslim Women and the family, it is against the principles of Shariah,and an interference in Muslim Personal Law.
- The proposed provisions in the Bill are also against the existing legal provisions set out in other legislations and hence unwarranted. Law relating to Guardianship, the domestic violence, CrPC are already in place.
- The terms set out in the proposed Bill also encroach upon the guarantees set out in the Constitution of India for the religious denominations. It is also against the essence of the Judgment rendered by the Hon’ble Supreme Court on 22.08.2017.
- While making/drafting the Bill, parliamentary procedure of law making has not been followed. Neither the stake holders/affected parties/ women organizations have been consulted to enable them in placing the actual position on the ground, correct position of law and the adverse consequences of the proposed law and welfare of the women and Children pursuant to ‘non effective’ Talaq.
- A ‘non-legal’ ‘ineffective action’, which does not lead to giving effect to Talaq as per the Supreme Court Judgement, has been converted into serious criminal charges leading to destroying the future of Women and the Children(family).
In view of the above, All India Muslim personal Law Board urges to the Central Government not table the present Bill in the Parliament. If the government considers necessary for enacting such law, the government must have consultations with the AIMPLB and true representatives of Muslim (women) organization etc and only then the Bill be prepared.
Since this proposed law is going to affect Muslims at large, the effect of the law would be against the Muslim Woman and Children, encroaches the fundamental rights of Equality and Rights set out in Article 25 of the Constitution of India, the AIMPLB shall oppose this Bill at all the levels and create awareness amongst the public at large.
It has also been decided that the President of AIMPLB shall convey this stand to the Prime Minister to withhold and withdraw the Bill.