The five women who petitioned the Supreme Court and led the struggle against the practice.
1 : Shayara Bano - In October 2015, Shayara’s husband had divorced her through a mere letter.
2 : Ishrat Jahan - In April 2015, Ishrat Jahan’s husband called from Dubai and uttered the words “talaq talaq talaq”
3 : Gulshan Parveen - In 2015, Gulshan Parveen of UP’s Rampur received news of her divorce through a notice on a Rs 10 stamp paper.
4 : Aafreen Rehman – In 2015,Aafreen received talaq through a letter sent via speed post.
5 : Atiya Sabri – Got talaq in 2017
Ishrat Jahan, who was one of the five petitioners of the Triple Talaq case. An investigation conducted by social activist Mohammed Zim Nawaz along with other members of the civil society into the Talaq has revealed that Jahan, who joined the BJP on January 1,2018, was not necessarily a victim of instant talaq or Talaq-e biddat, rather it’s something more personal issues of the said petitioners, and that she used the Islamic custom as a shield to safeguard herself from being socially stigmatised.
In 2013, their elder daughter told father Murtuza that Ishrat would leave home for hours and return at around 12 at night. She further said about one Afrajul(Raju), whom her mother instructed to call uncle, and his staying at the Liluah flat three times during father’s absence at the house. She warned all children with dire consequences if they dare to say anything about this uncle.
In 2014, Murtaza had another quarrel with her and that turned into a scuffle. Ishrat lodged an F.I.R at Golabari Police Station, Howrah against him on 24.10.2014 (case no is 1085/2014 under IPC 498(A)). After exactly one month, she got Murtaza released on bail and after that; they started to live in the flat with their children.
But within two weeks, she disappeared from the house leaving a handwritten letter, a copy of which is available, stating ‘take care of my children’, ‘forgive me for I know I am a culprit’, ‘marry someone to take care of my children’ and ‘prepare your divorce paper, I will sign in my convenience,’ repeating the same request ‘ please don’t punish my children for my faults’.
Murtaza lodged a missing diary at the Golabari police station and she returned to him after two days from a relative’s home on her own.
in 2015, she again vanished from the village home after which Murtaza again tried to lodge a missing diary at the local police station. Though the complaint was accepted, it was not furnished with the official seal. So, he lodged a complaint in the Daudnagar Court where he disclosed everything about his wife.
Murtaza shared that Ishrat had left home four times and had not visited his village home since February 10, 2015.
The elder daughter, said, “ Afrajul (Raju), whom mother introduced as our uncle, used to come to our home in our flat in Howrah. He also came to our village three times and during his last visit, he stayed here for five days. On the sixth morning, they left the home leaving us alone.”
When Murtaza came to know about this, he requested a widow in his village to take care of his four children with remuneration per month.
Murtaza was ready to take Ishrat as the wife on the condition that she would be staying at the village, they asked Ishrat to do so. However, she refused and left the place.
She reached the place where he was supposed to get married and revealing herself as Murtaza’s wife, urged the local Maulanas that he was marrying even after having already one wife. So, the marriage was dismissed by the parents of the would-be bride.
Later he married a widow on the condition that she would be rearing his children and will not take any child.
Ishrat came back to their residence in Howrah and filed an affidavit in the Judicial Magistrate, 1st Class 5th Criminal Court, Howrah, against her husband, his brother, Mustafa Ansari, Mustafa’s wife, Jabeena Khatun citing domestic violence and Rs 2 lakh cash as dowry from her parents. The case was filed on 14.10.2015 and the Misc case no was 721/2015. But the said Court dismissed the case on March 18, 2017, due to the absence of the petitioner before the court.
Another F.I.R was lodged against Mustafa Ansari in the Golabari police station alleging him of beating her and his attempt to sexual harassment filed on 28.12.2015, F.I.R no-1533, sections-341/323/354/509. In her complaint, she mentioned that Mustafa committed the crimes on December 2 at around 11 am.
Jasim Hasim, one of the witnesses according to the complaint, said they never knew that he and his wife (another witness in the complaint) were made witnesses of a case against Mustafa Ansari until Mustafa told them.
Murtuza alleged that the media had distorted the reality and presented him as the accused. Speaking to the utterance of Triple Talaq, Murtaza said, “I never said anything like this, either over phone or face to face. I was always ready to take her on the condition that she would be staying in the village, even after two years of her disappearance from my house.”
When we see the case minutely from the beginning to the end, It is clear that Murtaza never addressed his wife as *divorcee anywhere in either in his complaint to the Golabari, Daspura Police Station or in the Daudnagar Court. Rather, he mentioned Ishrat as his *legal wife in every document.
Besides, Ishrat also never addressed herself as a divorcee of Murtaza in all the cases she filed against him in the said police stations.
Ishrat never filed a case against his utterance of triple talaq if it is taken for granted. Rather, in each and every document during her complaints she mentioned Murtaza as her *legal husband, even in her F.I.R on December 28, 2015, i.e. six months after the so-called utterance of the triple talaq.”
And after all this clear picture, the lawyer Nazia Ilahi khan is untraceable and out of contact even from the media.
The Triple Talaq bill could not pass through the Rajya sabha and the central government repomulgated the Ordinance 3 times in a span of an year.
The Triple Talaq Bill will several cases of Muslim men falsely accused and punished for an Act which even the Supreme Court said was not ‘punishable’ and instead sought to nullify it.
we now have OUR TAKE:
Ishrat Jahan and such women, who never approached the Darul Qaza for their marital problems, were encouraged by BJP people and helped them to get to the Supreme Court without any assistance or discussion with any Muslim organization and clerics.
When the whole nation witnessed the rallies and protests from Muslim women throughout the country from different parts, signature campaigns against this inhuman law was carried out. But the Government did not pay the heed and was adamant always
AIMPLB and the WOMEN’S WING, since the beginning were saying that this law is under drafted and provides no legal help to the victim woman.
The main concern was about the financial assistance to the woman and kids. The Board asked again and again and was never answered by the law minister. BJP targeted such women and brought them together to malign and humiliate a particular section of the community in the name of equality and justice.
These women were used for the encashment as to appease the vote bank.
One of the clause of the proposed law is it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.
Now the question arises what was BJP upto while prompting this woman to file the case against triple talaq and bring the law which promises to provide the gender justice and gender equality.
What is the reason that BJP could not help the women whom they utilized to get the party popularity?
For now when Ishrat Jahan has come out revealing truths about the party that she is used for propagating party’s agenda on triple talaq and that she is unable to meet her ends, raises a lot of questions.
· What has BJP done to help these women?
· How has the Law protected these women against atrocities they were facing?
· What new has been done legally to make these women’s life easier?
· Where are the women empowerment slogans and justice for these Muslim women who helped BJP to gain popularity?
· Where is the subsistence allowance for any of these women?
· What future has the BJP offered to these women?
· Why is there a silence from the party when they have such a large number of muslim triple talaq victims?
· What are they doing by collecting the data of such women?
· Why is the Government not taking any action on those men who separated their wife by uttering Triple Talaq?
· What is the purpose of bringing in the Ordinance again and again and threatening a particular community?
The false propaganda is clear that BJP used these women to humiliate the community and question the credibility of All India Muslim Personal Law Board. BJP owns an explanation to the AIMPLB and the Muslim community and citizens of India.
This is a pure case of Conspiracy and targeting a particular community, to interfere in Shariah and malign the religious beliefs of Muslims.
As a citizen we strongly condemn and protest this ruling government for maligning the credibility of AIMPLB. We demand the BJP party to come forward and release an Open Apology to the citizens especially to the Indian Muslims and AIMPLB.