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Muslim Women (Protection of Rights on Marriage) Act, 2019

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The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional.[1] The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.[2][3]

The Muslim Women (Protection of Rights on Marriage) Act, 2019
Lok Sabha
  • An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected there with or incidental thereto.
CitationAct No. 20 of 2019
Territorial extentIndia
Considered byParliament of India
Enacted byLok Sabha
Enacted byRajya Sabha
Assented to31 July 2019
Commenced19 September 2018
First chamber: Lok Sabha
Bill citationBill No. 247 of 2019
Introduced byRavi Shankar Prasad (Ministry of Law and Justice)
Status: In force

In December 2017, citing the Supreme Court judgment and cases of triple talaq in India,[4] the government introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2017.[5] The bill proposed to make triple talaq in any form—spoken, in writing, or by electronic means—illegal and void. Punishment for breach of the law was proposed to include up to three years imprisonment for the husband pronouncing triple talaq.[5] The bill was passed by the Lok Sabha, the lower house of the Parliament of India, on the same day,[6] but was stalled by the opposition in the Rajya Sabha, the upper house.[7]

The bill was reintroduced and passed by the Lok Sabha and by the Rajya Sabha in July 2019.[8][9] Consequently, the bill received assent of the President of India. The act also entitles an aggrieved woman to demand a maintenance for her dependent children.[10] It was subsequently notified as law in the same month. The acts stands to be retrospectively effective from 19 September 2018.[11]

However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums.[12]

History

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The 2017 bill was passed by the Lok Sabha on 27 December 2018.[13] However, in the Rajya Sabha the opposition demanded it to be sent to the Standing Committee.[14][15] As the bill stood not passed in the parliamentary session, an ordinance which had made the bill operative, expired on 22 January 2019. The government re-promulgated an identical bill on 10 January 2019.[16][17] This bill was passed in the Lok Sabha but was again stalled in the Rajya Sabha. The bill lapsed again when the Parliamentary session adjourned sine die in April 2019.[18]

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 was to expire on 29 August 2019, six weeks after start of parliamentary session, post the 2019 Indian general elections. The government introduced a new bill in the Lok Sabha on 21 June 2019.[19][20] It was passed by the Lok Sabha on 25 July 2019[21] and by the Rajya Sabha on 30 July 2019.[22] The bill was assented to by the President, Ram Nath Kovind, on 31 July 2019.[10] It was subsequently notified in the gazette on the same day. The act is retrospectively effective from 19 September 2018.[11]

The Muslim Women (Protection of Rights on Marriage) Bill, 2017

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The government had formulated the bill claiming 100 cases of instant triple talaq, since the Supreme Court judgement in August 2017 prohibiting triple talaq in India.[23] On 28 December 2017, the Lok Sabha had passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017.[24] The bill proposed to make triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and instant messengers illegal and void, with up to three years imprisonment for the husband who pronounces triple talaq.[5] The Communist Party of India (Marxist), Rashtriya Janata Dal, All India Majlis-e-Ittehadul Muslimeen, Biju Janata Dal, All India Anna Dravida Munnetra Kazhagam and Indian Union Muslim League opposed the bill, calling it arbitrary and faulty, while the Indian National Congress supported the bill.[25][26]

The Muslim Women (Protection of Rights on Marriage) Bill, 2018

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Later, the Muslim Women (Protection of Rights on Marriage) Bill (2018) was proposed which intended to protect Muslim women.[27] The bill was passed in 2018[28] and 2019[29] by the Lok Sabha, but lapsed after not being passed by the Rajya Sabha.[30]

On 19 September 2018, noting that the practice of instant triple talaq had continued unabated despite the 2017 judicial mandate, the government issued The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018.[31] An ordinance introduced into the Indian parliament lapses if either the Parliament does not approve it within six weeks of reassembly, or if disapproving resolutions are passed by both houses. Hence, a new bill named The Muslim Women (Protection of Rights on Marriage) Bill, 2018[32] was introduced in the Lok Sabha by Union Law Minister, Ravi Shankar Prasad.

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019

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As the triple talaq ordinance of 2018 was to expire on 22 January 2019 and also because The Muslim Women (Protection of Rights on Marriage) Bill, 2018 could not be passed, the government repromulgated the ordinance on 10 January 2019.[33][34] On 12 January 2019, the president approved the 2019 ordinance.[35][36]

The Muslim Women (Protection of Rights on Marriage) Act, 2019

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The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 was repealed on 31 July 2019 when the bill was passed by both houses of the legislature, Lok Sabha and Rajya Sabha, and was notified by the President of India in the official gazette, and thus became an Act of Parliament. The Act has 8 sections.[37]

Provisions

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The act statutorily provides:[11]

  • Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
  • Any Muslim husband who pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
  • A married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.
  • A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
  • An offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;
  • An offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;
  • No person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.

Impact

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The reality on the ground has not changed after the judgement. Even after five years since Supreme Court’s invalidation of triple talaq, the women petitioners who were abandoned by their husbands, continue to live a life of half-divorcees. Muslim men have found other ways to get around the ban. Cases of torturing the wife have risen in order to obtain a khula. The number of cases where Muslim men abandoned their wives has also increased since the judgement.[38][39]

See also

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References

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  1. ^ "Shayara Bano v. Union of India". Supreme Court Cases. 9: 1–298. 2017. Retrieved 23 September 2019.
  2. ^ Deshpande, Pushkraj (30 January 2018). "India: Triple Talaq, Judgment Of Hon'ble Supreme Court And The Most Anticipated Triple Talaq Bill". www.mondaq.com. Retrieved 23 September 2019.
  3. ^ "Supreme court bars triple talaq". The Times of India. 22 August 2017. Retrieved 2 January 2019.
  4. ^ "'100 cases of instant triple talaq in the country since the SC judgement'". The Times of India. 28 December 2017.
  5. ^ a b c "Government introduces triple talaq bill in Lok Sabha". The Economic Times. 28 December 2017.
  6. ^ Choudhury, Sunetra; Prabhu, Sunil (28 December 2017). Varma, Shylaja (ed.). "Landmark 'Triple Talaq' Bill Clears Lok Sabha, In Rajya Sabha Next". NDTV. Retrieved 2 January 2019.
  7. ^ Prabhu, Sunil (5 January 2018). Dutta Roy, Divyanshu (ed.). "No Triple Talaq Bill As Parliament's Winter Session Ends". NDTV. Retrieved 2 January 2019.
  8. ^ "Lok Sabha passes instant triple talaq bill". Economic Times. 26 July 2019. Retrieved 26 July 2019.
  9. ^ "History made, triple talaq bill passed by Parliament". India Today. 30 July 2019. Retrieved 30 July 2019.
  10. ^ a b "President Ram Nath Kovind gives assent to triple talaq Bill". The Hindu. 1 August 2019. ISSN 0971-751X. Retrieved 8 August 2019.
  11. ^ a b c "The Gazette of India. EXTRAORDINARY. PART II—Section 1" (PDF). 31 July 2019.
  12. ^ "If triple talaq can be challenged, why can't polygamy?". Hindustan Times. 24 August 2017. Retrieved 6 February 2022.
  13. ^ "Lok Sabha debates bill 'criminalising' instant triple talaq: Who said what - Times of India". The Times of India. 27 December 2018. Retrieved 27 December 2018.
  14. ^ "triple talaq bill in Rajya Sabha". The Times of India. 30 December 2018. Retrieved 30 December 2018.
  15. ^ "triple talaq bill stuck in Rajya Sabha". The Times of India. 9 January 2019. Retrieved 12 January 2019.
  16. ^ "Cabinet approves re-promulgation of triple talaq Ordinance- Economic Times". The Economic Times. Retrieved 12 January 2019.
  17. ^ "Cabinet approves re-promulgation of triple talaq Ordinance- News18". The News18. 10 January 2019. Retrieved 12 January 2019.
  18. ^ "Citizenship and triple talaq Bills lapse as budget session comes to an end". Mint. 14 February 2019. Retrieved 17 February 2019.
  19. ^ "Fresh triple talaq Bill introduced in Lok Sabha". The Economic Times. Retrieved 31 July 2019.
  20. ^ "The Muslim Women (Protection of Rights on Marriage) Bill, 2019" (PDF). Lok Sabha India Website. Retrieved 30 July 2019.
  21. ^ "Lok Sabha passes instant triple talaq bill". Economic Times. Retrieved 26 July 2019.
  22. ^ "triple talaq bill passed in Rajya Sabha - India Today". India Today. 30 July 2019. Retrieved 30 July 2019.
  23. ^ "Ravi Shankar Prasad: '100 cases of instant triple talaq in the country since the SC judgement'". The Times of India. 28 December 2017. Retrieved 14 August 2020.
  24. ^ Phukan, Sandeep (28 December 2017). "Lok Sabha passes triple talaq bill". The Hindu. ISSN 0971-751X. Retrieved 14 August 2020.
  25. ^ "Congress' backing of triple talaq bill indicates it's gradually withdrawing from Muslim appeasement politics". Firstpost. 28 December 2017. Retrieved 14 August 2020.
  26. ^ "Congress backs triple talaq bill, Khurshid strikes discordant note". The Economic Times. 28 December 2017. Retrieved 14 August 2020.
  27. ^ "Instant triple talaq to be a crime now as Union Cabinet approves Ordinance". The Indian Express. 19 September 2018. Retrieved 11 March 2019.
  28. ^ "Lok Sabha debates bill 'criminalising' instant triple talaq: Who said what". The Times of India. 27 December 2018. Retrieved 11 March 2019.
  29. ^ "Cabinet approves re-promulgation of triple talaq ordinance". The Economic Times. 10 January 2019. Retrieved 11 March 2019.
  30. ^ Mittal, Shaswati Das,Priyanka (14 February 2019). "Citizenship and triple talaq Bills lapse as budget session comes to an end". Mint. Retrieved 11 March 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
  31. ^ "Instant triple talaq ordinance". Indian Express. 19 September 2018. Retrieved 2 January 2019.
  32. ^ "The Muslim Women (Protection of Rights on Marriage) Bill, 2018" (PDF). Lok Sabha India Website. Retrieved 30 December 2018.
  33. ^ "Cabinet approves re-promulgation of triple talaq Ordinance- Economic Times". The Economic Times. 10 January 2019. Retrieved 12 January 2019.
  34. ^ "Cabinet approves re-promulgation of triple talaq Ordinance". News18. 10 January 2019. Retrieved 12 January 2019.
  35. ^ "The Gazette of India. Extraordinary. PART II—Section 1" (PDF). 12 January 2019.
  36. ^ "President Kovind approves ordinance to criminalise triple talaq". India Today. 12 January 2019. Retrieved 12 January 2019.
  37. ^ "The Muslim Women (Protection of Rights on Marriage) Act, 2019|Legislative Department | Ministry of Law and Justice | GoI". legislative.gov.in. Retrieved 21 June 2020.
  38. ^ Us Salam, Ziya (13 August 2022). "Five years after Supreme Court's triple talaq verdict, petitioners living life as 'half-divorcees'". The Hindu. Retrieved 18 August 2022.
  39. ^ Sadam, Rishika (25 April 2023). "Muslim men have found a way around triple talaq. Torture wife to give khula". ThePrint. Retrieved 25 April 2023.
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