Triple Talaq Bill in India: Muslim Women as Political Subjects or Victims?
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Published:
Mar 25, 2018
Keywords:
Gender Justice, Talaq-e-Biddat, Hindutva, Marginality and Muslim Women, India
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Abstract
The recent proposed Muslim Women (Protection of Rights on Marriage) Bill 2017 has raised the new issues, which were long due to Muslim women in India. It has not only criminalised the practice of instant tin talaq (divorce), but also signifies the government’s intervention in defining the notion of gender justice to Muslim women. Importantly, this development not only highlights an emerging Muslim women’s activism in India but also an articulation of gender justice from within the community. However, an array of criticisms is also sprouting up against the Bill from different corners of the community, including Muslim women’s groups. The article is an attempt to address the multiple facets of the Bill; it also argues that the talaq issue alone cannot constitute the core of gender justice rather the interplay of various factors like Hindutva, communal violence and the marginal location of the Muslim community needs to taken into account to understand Muslim women’s question in India.
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Sur, E. (2018). Triple Talaq Bill in India: Muslim Women as Political Subjects or Victims?. Space and Culture, India, 5(3), 5-12. https://doi.org/10.20896/saci.v5i3.299
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References
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Shaban, Abdul (2012). Ethnics Politics, Muslims and Space in Contemporary Mumbai. In Lives of Muslims in India: Politics, Exclusion and Violence, (eds.), Abdul Shaban, New Delhi: Routledge, pp.208-225.
Sur, Esita. (2015). Politics of Locating Muslim Women in Islamic Discursive Tradition in India. Space And Culture, India, 3(1), 4-16. doi:10.20896/saci.v3i1.135
Sur, Esita. (2014). Revisiting the Marginal Locations of Muslim Women on Various Sites in India. Space And Culture, India, 1(3), 43-52. doi:10.20896/saci.v1i3.44
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, PRS Legislative Research, available at: http://www.prsindia.org/billtrack/the-muslim-women-protection-of-rights-on-marriage-bill-2017-5008/ (last accessed on 27.02-2018)
The Muslim Women (Protection of Rights on Marriage)Bill, 2017, Bill No. 247 of 2017, available at: PRS Legislative Research, available at: http://www.prsindia.org/uploads/media/Muslim%20Women%20(Protection%20of%20Rights%20on%20Marriage)/Muslim%20Women%20(Protection%20of%20Rights%20on%20Marriage)%20Bill,%202017.pdf (accessed on 27.02.2018).
Agnes, Flavia (2018). The bill criminalising instant Triple Talaq is against Gender Justice, available at: www.majlislaw.com (last accessed on 10.01.2018).
Anand, Dibyesh (2012). The Violence of Security: Hindutva’s Lethal Imaginaries. In Minority Studies, (ed) Rowena Robinson, New Delhi: Oxford University Press, pp. 287-304.
BMMA Report. 2011-12. BMMA: Mumbai.
Chakrabarti, Anindita and Suchandra Ghosh (2017, 9th December). Judicial Reform vs Adjudication of Personal Law: View from a Muslim Ghetto in Kanpur, Economic and Political Weekly, Volume 52 (49), available at: www.epw.in (last accessed on 10.01.2018).
Guruswamy, Mohan (2017, 27th February). 15 years after Godhra, we still don’t know who lit the fire. The HindustanTimes, available at: www.hindustantimes.com (last accessed on 26.02.2018).
Kohli, Kaveesha and Divya Narayanan (2017, 28 December). As India debates triple talaq, here are 9 Islamic countries that have regulated divorce, The Print, available at: www.printin.com (last accessed on 05.01.2018).
Kumar, Arun. (2006, 3rd January). Gudiya Dies. The Hindu, available at: www.thehindu.com (last accessed on 08 .10. 2014).
Mandal, Saptarshi (2017, 22nd December). Instant Triple Talaq Bill: Tabling Legislation in Parliament Is Political Move, BJP’s Attempt to Play Protector of Muslims, Firepost, available at: www.firepost.com (last accessed on 12.01.2018).
Niaz, Noorjehan Safia and Zakia Soman (2015). Seeking Justice Within Family: A National Study on Muslim Women’s Views on Reforms in Muslim Personal Law. Mumbai: Bharatiya Muslim Mahila Andolan.
Noorani, A.G (2015). Savarkar and Hindutva: The Godse Connection. New Delhi: Left Word.
Punwani, Jyoti (2012). Police Conduct during Communal Riots: Evidence from 1992-93 Mumbai Riots and its Implications. In Lives of Muslims in India: Politics, Exclusion and Violence, (eds.), Abdul Shaban, New Delhi: Routledge, pp.208-225.
Radhakrishnan, Sruthi (2017, 28th December). What is the instant triple talaq Bill? The Hindu, available at: www.thehindu.com (last accessed on 6.01.2018).
Shaban, Abdul (2012). Ethnics Politics, Muslims and Space in Contemporary Mumbai. In Lives of Muslims in India: Politics, Exclusion and Violence, (eds.), Abdul Shaban, New Delhi: Routledge, pp.208-225.
Sur, Esita. (2015). Politics of Locating Muslim Women in Islamic Discursive Tradition in India. Space And Culture, India, 3(1), 4-16. doi:10.20896/saci.v3i1.135
Sur, Esita. (2014). Revisiting the Marginal Locations of Muslim Women on Various Sites in India. Space And Culture, India, 1(3), 43-52. doi:10.20896/saci.v1i3.44
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, PRS Legislative Research, available at: http://www.prsindia.org/billtrack/the-muslim-women-protection-of-rights-on-marriage-bill-2017-5008/ (last accessed on 27.02-2018)
The Muslim Women (Protection of Rights on Marriage)Bill, 2017, Bill No. 247 of 2017, available at: PRS Legislative Research, available at: http://www.prsindia.org/uploads/media/Muslim%20Women%20(Protection%20of%20Rights%20on%20Marriage)/Muslim%20Women%20(Protection%20of%20Rights%20on%20Marriage)%20Bill,%202017.pdf (accessed on 27.02.2018).