Wednesday, July 31, 2019

Muslim Women (Protection of Rights on Marriage) Bill 2019, Important Points You Need To Know

Rajya Sabha on Tuesday passed the Muslim Women (Protection of Rights on Marriage) Bill 2019, commonly known as Triple Talaq Bill.The bill makes instant Triple talaq a criminal offence and provides for a jail term to a Muslim man for the crime.

The Rajya Sabha passed the bill by 99 votes in favour and 84 against it.The non-participation in the voting of the opposition made it easier for the government to pass the bill. Earlier, the opposition's proposal to send the bill to the Select Committee fell by 84 votes against 99.

Now after the President signature on the bill, this law will replace the Ordinance issued on February 21. Bill provides protection to Muslim women for instant triple talaq and the accused may suffer both imprisonment up to 3 years and fine.

The Modi government had a great success in the Rajya Sabha when it was able to immediately pass a bill that criminalised triple talaq. The government had passed the bill twice in the Lok Sabha after the Supreme Court declared it unconstitutional, but it had to bring an ordinance three times as it was not passed in the Rajya Sabha.

Despite not having a clear majority in the House, the way the government managed to test the figures in the Rajya Sabha on Tuesday can be termed as a strategic victory for the Modi government. This victory can pave the way for many major changes in the future.

History of triple talaq bill 

  • In August 2017, the Supreme Court declared the triple talaq as unconstitutional and against the basic principles of the Quran.
  • In December 2017, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, but stuck in the Rajya Sabha. 
  • On September 19, 2018, the Modi government brought an bill for the first time to restrict triple talaq. 
  • For the second time on January 12, 2019, then on 21 February the bill was released for the third time.

Key points 

  • The law has been named Muslim Women (Protection of Rights on Marriage) Bill, 2019.
  • Giving instant Triple talaq to the wife would be a crime either oral, written or through any other means.
  • wife, matrimonial home, in-laws and other close relatives can file a case in this regard. 
  • It is a cognizable offence, so the police can arrest the accused husband even without a warrant.
  • The husband can face both imprisonment up to 3 years and fine.
  • The accused may approach a Magistrate for bail. 
  • However, the magistrate will not be able to grant bail without hearing the victim side in the case. 
  • The magistrate will be able to reach an compromise only on the request of the aggrieved woman.
  • Victim entitled to seek subsistence allowance from her husband.
  • Amount to be determined by the magistrate hearing the case.
  • Victim entitled to seek custody of her minor children.
  • The manner of custody to be determined by the magistrate.