2019 – Posted in: Daily News – Tags: Muslim Women(Protection of Rights on Marriage) Bill 2019

TRIPLE TALAQ LAW

For: Mains

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The Supreme Court agreed to hear a plea challenging the new law which criminalizes the practice of instant triple talaq.

A bench of justices issued a notice to the Centre on receiving the petitions which claimed that the Act violates the provisions of the Constitution.

The bench decided to issue notice and hear the matter immediately as the matter was called for hearing.
The bench asked the petitioners why an objection was being made on religious grounds
The bench pointed out while the Act prescribes a maximum sentence of three years, there is no minimum sentence

The pleas have alleged that the Act is unconstitutional, as it criminalises the “mere pronouncement of triple talaq, which had already been declared unconstitutional and void” by the Supreme Court.
The pleas have also alleged that the law “unjustly and unfairly” criminalises the act of one community, even as desertion of the wife by other communities is not a crime.
The petitioners also said the bill violates the fundamental rights under Article 14, 15 and 21 of the Constitution of India.

The above said bill criminalise triple talaq. After President Kovind signs the bill, it will become the law and will replace the 1986 Muslim Women (Protection of Rights on Divorce) Act.
The proposed Bill will 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.
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 the married woman (against whom talaq has been declared) or any person related to her by blood or marriage.
The Bill provides that the Magistrate may grant bail to the accused after hearing the woman.
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 manner of custody will be determined by the Magistrate.

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