Muslim Women Bill

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

INTRODUCED BY

Introduced by

Mr Ravi Shankar Prasad

Minister of Law and Justice

SYNOPSIS

The bill proposes to remove age year old practice of instant triple talaq with an aim to bring gender equality and respect and to protect the rights of married Muslim women.

HIGHLIGHT

Salient Points ()

The Bill makes a declaration of talaq a cognizable offence with fine and imprisonment of 3 years.

The bail will be granted only if the magistrate is satisfied with the justification given by both the parties

The offence may be compounded by a magistrate upon request by the women

The woman is entitled to get a substantial allowance for herself and children from the husband.

The woman will get custody of her minor children

BACKGROUND

Background Basics ()

In 1985, Shah Bano (62 yrs old) got the right to get alimony from her husband in case of triple talaq.

This was seen as a major judgement but in 1986, the government passed the Muslim protection Act which diluted the impact created by the Shah Bano case and maintenance amount was restricted to the period of iddah.

In 2017, the supreme court declared the triple talaq as unconstitutional

In 2019, in order to empower Muslim women, an ordinance was passed for protecting their right, safety and to bring gender equality.

Finally, later in 2019, the bill got passed in both the houses.

KEY STATS

Key Stats ()

Have banned triple talaq including Saudi Arabia, Pakistan, Afghanistan

20 countries

‘Talaq-e-biddat’ cases reported

574

TIMELINES

21 Jun 2019
25 Jul 2019
30 Jul 2019

WHY (as per the govt)

Salient Points ()

This is the step to bring gender equality and respect  for Muslim women

It will protect the rights of married Muslim women and prevent divorce by the practice of instantaneous and irrevocable ‘talaq-e-biddat’ by their husbands.

The bill provides right to Muslim women at par with other religions.

WHY NOT (as per opposition)

Salient Points ()

The bill is self-contradictory. On one hand, it states triple talaq is invalid and marriage to continue while it sends the man to a jail term.

The mutual divorce provision is missing as per the opposition

Marriage is a civil affair, hence the punishment should be civil and not criminal

MEDIA SAYING

VIDEOS

Videos ()

FAQs

It is the practise under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

A cognizable offence is one for which a police officer may arrest an accused person without a warrant

Compounded is a procedure where the two sides agree to stop legal proceedings and settle the dispute.

ORIGINAL BILL

Related Articles

The Farmers Bill, 2020

3 inter-connected farm bills passed by parliament – Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, Farmers (Empowerment & Protection) Agreement of Price Assurance and Farm Services Bill, 2020, The Essential Commodities (Amendment) Bill
The Bills propose to create a system in which the farmers and traders can sell their purchase outside the Mandis

Responses

Your email address will not be published. Required fields are marked *