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10-Point Guide To Triple Talaq And New Row Over Seeking Public Feedback

NEW DELHI: The Law Commission’s exercise to formulate a Uniform Civil Code reached a critical phase as it asked the citizens to give their views on ending several religious practices and customs that had been branded anti-women in all three major religions.

Sending out a list of 16 questions to gauge public opinion and the direction in which it should proceed, the Commission also asked whether to ban or regulate polygamy?

The question may appear aimed at ending the much criticised practice of a Muslim man permitted to marry up to four women. But the commission adds another question to it – to end similar practices such as Maitri-Karar.

Maitri-Karar, even though banned by law, is still practised sporadically in Gujarat. Through this, a married Hindu man signs a friendship pact on stamp paper with another woman and brings her home to live together.

Justice B S Chauhan, chairman of the Law Commission, told TOI that formulating the questions was an elaborate affair involving several meetings of the Commission itself in addition to consultations with numerous experts in the field. “It took us two months to frame the questions keeping in mind prevailing customs and practices in different religions to elicit meaningful responses from the public,” he said.

He said: “Family law reforms has to view women’s rights as an end in itself rather than a matter of constitutional provisions, religious rights and political debate alone.” The Commission has fixed a 45-day time limit for receiving responses from the general public and stake-holders.

“The aim is to introduce family law reforms in the most integrative manner without compromising the diversity and plurality that constitutes the core of India’s social fabric,” Justice Chauhan said.
On triple talaq which according to Sharia, the Islamic law based on Koran, permits a husband to pronounce talaq three times to instantly divorce his wife, the Commission asked whether it should be abolished altogether, retained only in customs without legal sanctity, or retained with suitable amendments.

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