2019 – Posted in: Daily News – Tags: Triple Talaq Bill

TRIPLE TALAQ BILLS LAPSE

For: Preliminary & Mains

Topic covers: Triple Talaq Bill

News Flash

With the dissolution of the 16th Lok Sabha, the contentious Citizenship (amendment) Bill and the one on banning triple talaq have lapsed as they were not passed by Rajya Sabha.

Background

The term of the present Lok Sabha was to end on June 3, but with the election process over, President Ram Nath Kovind dissolved the lower house on Saturday.

The first session of the 17th Lok Sabha is likely to commence from June 6.

Bills introduced in Rajya Sabha and pending there do not lapse with the dissolution of Lok Sabha.
Bills passed by the Lok Sabha, and pending in the Rajya Sabha, however, lapse.

The Citizenship (Amendment) Bill, 2019

The Citizenship (Amendment) Bill, 2019 provided for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the current norm, even if they do not possess any document.

Could’nt Pass:

There has been strong opposition to the bill in Assam and other Northeastern states.
Student organisations, political parties and socio-cultural bodies have been protesting on the grounds that it seeks to grant nationality to non-Muslims who have come into India up to December 31, 2014, thereby increasing the deadline from 1971 as per the Assam Accord.

The Muslim Women (Protection of Rights on Marriage) bill

It is the bill which made the practice of instant triple talaq (talaq-e-biddat) a penal offence, was opposed by the opposition parties which had claimed that jail term for the husband for divorcing his wife is legally untenable.

Under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, divorcing through instant triple talaq will be illegal, void and would attract a jail term of three years for the husband.
A Bill to convert the earlier ordinance, issued in September 2018, was cleared by the Lok Sabha in December and was pending in the Rajya Sabha.
Since the Bill could not get parliamentary approval, a fresh ordinance was issued.
Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision for bail for the accused during trial. These amendments were cleared by the Cabinet on August 29, 2018.
While the ordinance makes it a “non-bailable” offence, an accused can approach a magistrate even before trial to seek bail. A provision was added to allow the magistrate to grant bail “after hearing the wife”.
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. The amount of the allowance will be determined by the Magistrate.
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: Economic Times

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