Topic : Muslim Women (Protection Of Rights On Marriage), Bill 2019
Topic in Syllabus: Indian Polity
The Union Cabinet has approved the Muslim Women (Protection of Rights on Marriage) Bill 2019.
Talaq-e-biddat refers to the practice 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.
- To protect the rights of married Muslim women and prevent divorce by the practice of instantaneous and irrevocable ‘talaq-e-biddat’ by their husbands.
- It provides the rights of subsistence allowance, custody of minor children to victims of triple talaq i.e. talaq-e-biddat.
Key provisions of the Bill:
- The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
- The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.
- The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.
- The Bill provides that the Magistrate may grant bail to the accused.
- The offence may be compounded by the Magistrate upon the request of the woman(against whom talaq has been declared).
- A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children.
- A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children
- The Bill will help in ensuring gender justice and gender equality of married Muslim women and will help them in practising their fundamental rights of non-discrimination and empowerment.
- Bill is significant to end the suffering of Muslim women who have been at the receiving end of instant talaq for several years. More than 20 Islamic countries have already banned the practice.
Talaq – e- biddat refers to
a). the practice 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.
b). the practice under Muslim personal laws where ‘talaq’ got wife cannot remarry her husband until she marries and gets divorced by another Muslim man.
c). Both a and b