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Triple talaq ordinance against women and fundamental rights, says Owaisi

Supreme Court in its decision has not said anywhere that triple talaq is unconstitutional. Supreme Court said we set aside this, he said

Press Trust of India  |  Hyderabad 

Asaduddin Owaisi
Asaduddin Owaisi

Alleging that the ordinance issued by the on was "against women" and the of the Constitution, AIMIM president Asaduddin has demanded its withdrawal.

"Supreme Court in its decision has not said anywhere that is unconstitutional. Supreme Court said we set aside this," he said addressing a meeting here Friday night to protest the ordinance that makes illegal.

The ordinance is against the "fundamental rights" of the Constitution, he claimed. "This ordinance is against Muslim women. Instead of doing justice to Muslim women, this ordinance will do injustice," he said.

Citing the Right to Equality, alleged that the ordinance was "discriminatory towards Muslim men" as they get three years as punishment if proven guilty in a court and a non-Muslim gets only one-year jail sentence (under a different law).

"Why this discrimination Mr Modi, you tell us?" he asked. The ordinance is against Muslim women as the burden of proof is on women that her ex-husband said 'talaq' thrice. further claimed that the desertion of women would also increase in the wake of the ordinance. "If BJP government has so much affection, allocate Rs 500 crore. No allocation of even a paisa..," he said.

There are 24 lakh, including 22 lakh non-Muslim women, who are not with their husband and justice should be done to them also, he said. Referring to Supreme Court judgements on Section 497 and 377 of IPC, he sought to know how the government could hand out punishment for triple talaq.

"When 377(criminalising adult gay sex) is dismissed, 497 (adultery) is dismissed, how can you give us punishment in triple talaq? When they are decriminalised, how can this be criminal?" he asked.

The Supreme Court had on September 27 declared that adultery is not a crime and struck down the anti-adultery law, saying it was unconstitutional as it dented the individuality of women and treated them as "chattel of husbands." A resolution passed at the meeting, under the aegis of United Muslim Forum, demanded that the government take back the ordinance.

"The United Muslim Forum also demands the government to ensure that the religious and cultural rights and freedom guaranteed to Muslims by the are implemented in letter and spirit and not tampered in any manner," it said.

First Published: Sat, September 29 2018. 15:16 IST
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