The Supreme Court, in a landmark decision, banned instant triple talaq or talaq-e-biddat terming it unconstitutional. It’s a big step given the menace the instant practice of triple talaq had become. If we see the suppoting data divorce trend in the Muslim community, we can see the overarching shadow of instant triple talaq.
Almost 80 per cent divorced among the Indian Muslims are women, i.e., four divorced Muslim women for every divorced Muslim man, IndiaSpend reports. And most of them were divorced orally – almost 66 per cent of them. 7.6 per cent were sent letters by their husbands proclaiming divorce while 3.4 per cent were given the shock of their life over phone, the data available shows. Around 1 per cent of Muslim men also used SMS and email to reveal their designs.
And 95 per cent of these arbitrarily divorced women don’t get any compensation or maintenance from their husbands, a survey by the Bharatiya Muslim Mahila Andolan (BMMA) reveals. Though some reports have questioned contradictions in different BMMA studies, the cause of triple talaq is genuine one and we can quote BMMA reports to support arguments here.
But even if the SC decision banning instant triple talaq is historical and precedent setting, it will not help Muslim women much till their pathetic condition in the Muslim community is addressed; till triple talaq is totally abolished and like other religious communities, the Muslim divorce is also subjected mandatorily to the laws of the land; and till polygamy in the Muslim community is banned and it is placed under the Uniform Civil Code not allowing more than one marriage.
According to the Census 2011, almost 81 per cent of Muslim women are married by 21. So most of them are devoid of higher education that can ensure independent, professional career. If we split this 81 per cent further, it reveals a scenario that is even more horrible – 62.5 per cent of Muslim women are married by the age of 19 – an age-group for school goers mostly.
With 13.5 per cent Muslim girls married before 15, we are staring at a social anathema where more than 50 per cent Muslim girls are forced in under-age marriages, as if they are raised only for this exclusive purpose, i.e., get married, become a house wife and spend the whole life under the threat of a husband who can divorce you at mere his whim. The whole Muslim community is responsible for systematically killing aspirations of Muslim women through this vicious cycle.
Something, that reflects in poor representation of Muslim women in workforce. In 2001, there were just 14.1 per cent Muslim women doing some kind of job which only marginally rose to 14.8 per cent in the Census 2011.
And why it would not be so. Almost half of Muslim women are still illiterate. A study by the Indian Institute of Public Administration quoting 2007-08 NSSO data found that there were just 1.5 per cent Muslim women who possessed qualification above higher secondary while majority of them were upper primary educated (around 42 per cent). And there is not much to console even after a decade of this data.
So, they are methodically made handicapped so that they cannot make their life and career on their own and when this discrimination meets the archaic, exploitative mindset of the Patriarchal Muslim community which prides in nurturing anti women practices like triple talaq, they are finally pushed to a life of no existence.
The apex court has banned instant triple talaq but Muslim man can still say talaq, talaq, talaq spread over three months and his wife cannot go to a court against it. The prevailing Muslim law doesn’t allow her. Banning instant triple talaq may help in cases of impulsive decisions but what about decisions that reek of designs in making?
Muslim men, free from the fear of legal tentacles, will still use their arbitrary might in throwing Muslim women out of their lives if they have decided. The only solution to this is the legal dissolution of Muslim marriages with court driven legal mandates, like happens in other communities.
Polygamy in the Muslim community adds another worrying dimension to it. Suppose the community, through social interventions and pressure, reforms it to the extent that Muslim men start avoiding divorcing their wives through the triple talaq route.
But what about the inherent countermove it involves. As a Muslim man is allowed to practice polygamy, i.e., having more than one wife, he will simply ignore the wife whom he wanted to divorce through triple talaq and can very well go his other wife (wives) that will make the life of the woman even more miserable.
She cannot go to social institutions. She cannot go to courts. And as she has not been divorced yet by her husband, even if her married life has already been broken, she will find it difficult to reach out even to her immediate family.