Plea against targeting of only Muslim men

Nearly a week after the President cleared the decks for enforcement of the Ordinance on Triple Talaq, the decision has been challenged in the Bombay High Court.

The petition filed seeks to establish that the newly in- troduced Bill, purportedly for the ‘betterment’ of Muslim women, is illegal, as it ‘selectively targets’ only Muslim men.

Former municipal councillor Masud Ansari, advocate Devendra Mishra and an NGO – Rising Voice Foundation -- moved the court last week, seeking a stay on enforcement of the Bill.

They have claimed the very construction of the Ordinance reflects that the government has selectively targeted only Muslims, ‘keeping untouched men of other religious denominations, despite the fact that the high-handed act divorce, by spoken, written or other modes, exists in other religions, too.’ “This ethnocentric view adopted by the Union government towards Muslims vis-avis other religions is highly disturbing. It is illegal, null, void, unreasonable and arbitrary to the extent it seeks to criminalise the breach of civil contract in the form of Muslim marriage. It further seeks to put the Muslim husbands

in the dock for facing criminal prosecution and imprisonment; further, such imprisoned Muslim husbands (in judicial custody) are not permitted to be freed or granted bail till the aggrieved Muslim wife is heard by a Magistrate,” the petition reads.