Discriminating Muslims
“Sir, divorce happens in all religions. All others are seen as civil cases. Why is it a criminal offense for Muslims alone? So, in the case of a divorce, if it’s a Muslim, then he can be jailed. Isn’t it discriminating against Muslims?” a question from Vishwas Rathan.
“Are you a communist or Marxist?”
“I am a socialist, politically, but I follow your writings… But why did you ask?”
“Only leftists can ask such manipulative illogical questions to misguide normal people and create a rift among communities. You can’t reason with hardcore leftists. So I used to ignore such questions. What’s more, I am not a legal expert to answer this question.”
“Sir, I am your reader. You can reason with me. I needed a rational and logical answer. That’s why I asked. My question is genuine. My Muslim friends also ask this question. Why it is considered a criminal offense for Muslims alone when divorce from all other religions is seen as a civil case? Isn’t it discriminatory? Ins’t banning of _Talaq_ curtailing religious freedom.”
“Vishwas, if your question is genuine, I will put you on to my brother who is a senior central government counsel in High Court and a social worker – so he might help you in this.”
“Ok, Sir. But as a non-legal person, what’s your take on this?”
“What does the law say?”
“The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalizing triple talaq. Section 4 of the bill says that any Muslim husband who pronounces _Talaq_ referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. It is discriminatory…”
“Obviously, _Talaq_ is NOT banned. Only Triple _Talaq_ (Instant divorce) is banned. Do you follow Triple _Talaq_?”
“No way. I am a Hindu. In your language, I am a Sanatana Dharmi.”
“Can you do something that doesn’t exist? Not doing something that doesn’t exist is not a crime too. There is no punishment for a crime that does not exist. A Hindu husband cannot tell his wife one fine day, ‘This marriage is over, now get out’, without going through proper divorce proceedings. A non-Muslim can’t taunt his wife by saying ‘talaq, talaq, talaq’ as he pushes her out the door. Can you tell me about the punishment if a non-Hindu remarries without getting a proper and legal divorce?”
“I don’t know, I will check the Internet and will inform you.”
“Please do that…”
After a few minutes, Vishwas said: “Under Indian Penal Code (IPC) section 494, if a person marries for the second time during the lifetime of the first wife or husband without getting a divorce, the marriage is void. For this offense, there is a provision for seven years’ jail and a fine. IPC Section 495 – Whoever commits the offense defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
“Now, can I ask a question like a leftist? A Muslim will get punishment for up to 3 years ONLY, whereas Hindus and all other non-Muslims will get punishment for up to ten years for the same crime! Why do the laws favor ONLY Muslims?”
“Sir, wow! I didn’t check these facts earlier…It is truly discriminatory against Hindus…”
“Now you’re telling just the opposite. However, you need to talk to a lawyer. There could be different laws in different contexts and about different issues. Let’s not compare and combine unrelated things. Please don’t go by what politicians or interpreters say – always go by facts. Just like our Hindu scriptures are being manipulated, the anti-India forces in India would manipulate anything to tarnish our country.”
“Yes sir, I didn’t know the depth of manipulation.”
“India is the ONLY country in the world where Muslims enjoy absolute freedom. No country in the world gives such privilege in the name of religion or minority. Every Muslim should say thank God that he/she is born in India. India also is the only country in Asia and the Middle East that doesn’t discriminate minority.” (Broadcast Message No: 382)
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