Muslim Women (Protection of Rights on Marriage) Bill 2019

(Ministry of Home Affairs)

WHAT

Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill 2019.

 

KEY FEATURES OF THE BILL

• The Muslim Women (Protection of Rights on Marriage) Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
• It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.

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.

 

OFFENCE

• The Bill makes a declaration of talaq a cognizable offence.

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

 

The offence will be cognizable only if information relating to the offence is given by:

• The married woman (against whom talaq has been declared)
• Any person related to her by blood or marriage.

 

PENALTY

The bill provides penalty up to three years’ imprisonment with a fine.

 

PROVISION FOR BAIL

• The Bill provides that the Magistrate may grant bail to the accused.
• The bail may be granted only after hearing the woman (against whom talaq has been pronounced).
• If the Magistrate is satisfied that there are reasonable grounds for granting bail.

 

SETTLEMENT PROVISIONS

• The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared).
• The terms and conditions of the compounding of the offence will be determined by the Magistrate.

Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute.

 

ALLOWANCE

• The amount of the allowance will be determined by the Magistrate.
• 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.

 

CUSTODY

• A Muslim woman against whom such talaq has been declared is entitled to seek custody of her minor children.
• The manner of custody will be determined by the Magistrate.

 

Source: PIB/PRS

Also, read more PIB Updates

• The Consumer Protection Bill, 2019
• Indian Navy inducted IN LCU L-56
• Qaumi Waqf Board Taraqqiati Scheme
• Microdots Technology
• MoU between ISRO and Bolivian Space Agency
• ISRO Technical Liaison Unit at Moscow

You are on the Best online IAS Preparation platform. You are learning under experts.

We are present on Facebook- Diligent IAS, LinkedIn- Diligent IAS, YouTube- Diligent IAS, Instagram- Diligent IAS. You can get in touch with us from these social media platforms.