Triple Talaq Bill sails through Rajya Sabha

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By Moderator July 31, 2019 11:10

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The Muslim Women (Protection of Rights on Marriage) Bill, 2019, better known as the Triple Talaq Bill, was passed in the Rajya Sabha on Tuesday.

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  • In the 240-member House, 99 members voted in favour of the Bill, 84 opposed it while 57 members stayed away — by either walking out, abstaining or being absent.
  • he Muslim Women (Protection of Rights on Marriage) Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on June 21, 2019. It replaces an Ordinance promulgated on February 21, 2019.
  • The 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.

Key Features

Offence and penalty

  • The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine. (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: (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 bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
  • The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared). Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute.
    • The terms and conditions of the compounding of the offence will be determined by the Magistrate.

Allowance

  • 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.

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: https://www.prsindia.org/billtrack/muslim-women-protection-rights-marriage-bill-2019

Moderator
By Moderator July 31, 2019 11:10