Months after the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises the practice of instant divorce, came into force, the victims of instant triple talaq have alleged that there is no “effective redressal” for these cases.
Jannat Imtiaz Patel, a resident of Mumbra, whose case was among the first to be the registered under the Act, said that despite approaching several courts and police stations, her husband has not been arrested because he had applied for anticipatory bail.
In a media interaction held on Thursday, Noorjehan Safia Naaz, co-founder of Bharatiya Muslim Mahila Andolan (BMMA) and one of the petitioners in the triple talaq case, said that Patel was not the only one who has not got justice despite the Act. Three other victims of triple talaq in the city have been running from pillar to post, despite which their husbands are yet to be held accountable, said Naaz.
“The law was long-awaited by Muslim women because we believed that it would act as deterrent in cases of instant triple talaq. However, even after four months, it is the women who have to run around demanding justice. How will the law serve any purpose then?” she said.
Senior advocate Santosh Mariyapal, who represents Patel at the Bombay high court, said the government needed to appoint a special officer, as in cases of domestic violence, so that triple talaq cases could be expedited. “These cases need to be tried in fast track courts because currently, the purpose with which the law was made is not being served. In most of these cases, the arrests are not made because the investigating officer feels that there is no need to arrest the husband,” he said.
{{/usCountry}}Senior advocate Santosh Mariyapal, who represents Patel at the Bombay high court, said the government needed to appoint a special officer, as in cases of domestic violence, so that triple talaq cases could be expedited. “These cases need to be tried in fast track courts because currently, the purpose with which the law was made is not being served. In most of these cases, the arrests are not made because the investigating officer feels that there is no need to arrest the husband,” he said.
{{/usCountry}}As per law, instant triple talaq is a non-bailable offence with a maximum of three years’ imprisonment and a fine.
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