THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019

Author: Gauri Dua, 1st year, B.A. LL.B, New Law College, Bharti Vidyapeeth Deemed to be University, Pune. The article has been written by the author while pursuing the internship programme with us. INTRODUCTION:
The social movement to cancel talaq-e-bidat i.e. triple talaq has been since a long time ago,but now has held up development in the legal history of India as the issue has been disagreeable for the common nation like ours. The Muslim Women Act, 2019[1]is an Act of the Parliament of India condemning triple talaq. In August 2019 the Supreme Court of India announced triple talaq, which empowers Muslim men to in a flash separation their spouses, to be unconstitutional.[2] The minority supposition recommended the Parliament to consider suitable enactment administering triple talaq in the Muslim community.[3] The law likewise gives an opportunity to aggravate the offense on solicitation of a lady who is exposed to significantly increase talaq before the magistrate. PROBLEM FACED BY MUSLIM WOMEN:
The suffering and deprivations has always been a part of women lives, she may be Hindu or Muslim, the women has always been looked down upon by the entire society​. Although, women of all the religions suffer when they are deserted but with regards to muslim women their degree of enduring is unending. They suffer not only when they are abandoned but her married life has always been under dread due to the whimsical power to get divorced by her husband.She lives under continuous fear of insecurity. These weight of frailty hues the whole existence of a wedded Muslim woman. All entryways are immovably closed at her face; the law which is material for ladies of different networks is not applied to her. She must accept the reality of being on the streets after talaq because that too is considered part of her religion. The Muslim women contemporary struggles and challenges remain overshadowed because they have no say in their any part of life neither economic rights nor the basic rights. In conclusion it may be observed that there has never been anything in Muslim Personal Laws to protect women from stipulating all manners of conditions regarding her dissolution of marriage, maintenance, and upkeep during the course of marriage, custody of children and other matters.[4]

JUDICIAL INTERPRETATION: The Supreme Court in the matter ​Shayara​​Bano v. Union of India and Anr[5]​ and other associated matters, on the 22nd August, 20l7, in a larger part judgment of 3:2, put aside the act of Talaq-e-bidat. This judgment gave a lift to free Indian Muslim ladies from the deep rooted practice of impulsive and capricious strategy to separate, by some Muslim men, ruling out compromise. The applicant in the above said case tested, bury alia, Talaq-e-bidat on the ground that the said practice is oppressive and against the poise of ladies. The judgment vindicated the position taken by the Government that talaq-e-biddat is against protected ethical quality, poise of ladies and the standards of sexual orientation correspondence, as likewise against sex value ensured under the Constitution. The All India Muslim Personal Law Board (AIMPLB), which was the seventh respondent in the above case, in their affirmation, bury alia, battled that it was not for the legal executive to choose matters of strict practices Disregarding the Supreme Court putting aside talaq-e-biddat, and the confirmation of AIMPLB, there have been reports of separation by method for talaq-e-biddat from various pieces of the nation It is, in this manner, felt that there is a requirement for State activity to provide impact to the request for the Supreme Court and to change the complaints of survivors of illicit separation. In this manner, to secure the privileges of wedded Muslim ladies who are being separated by triple talaq, a Bill, to be specific, the Muslim Women (Protection of Rights on Marriage) Bill, 2017[6] was presented in, and cruised by, the Lok Sabha on the 28th December, 2017 and was pending in Rajya Sabha. Notwithstanding, worries have been brought up in and outside Parliament with respect to the arrangements of the pending Bill. So as to address the above concerns, it has been chosen to make the offense cognizable. As the Bill was pending for thought in Rajya Sabha and the act of separation by triple talaq (i.e., Talaq-e-Bidat) was proceeding, there was an earnest need to make quick move to forestall such practice by making tough arrangements in the law. Since the two Houses of Parliament were not in meeting and conditions existed which render it essential for the President to make quick move in the issue, the Muslim Women (Protection of Rights on Marriage) Ordinance, 201 8 (Ord. 7 of 20 1 8), with aforementioned changes was declared on the nineteenth September, 2018. [7] In any case, the Bill couldn’t be taken up for thought in Rajya Sabha and the two Houses were suspended. As the two Houses of Parliament were not in meeting and the act of separation by triple talaq (for example talaq-e-biddat) was proceeding, to give proceeded with impact to the arrangements of the previously mentioned Ordinance, the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 (Ord. 1 of 20 l 9) was declared on the twelfth January, 2019. Consequently, to supplant the Muslim Women (Protection of Rights on Marriage) Ordinance. 2019, vital authority changes to the Muslim Women (Protection of Rights on Marriage) Bill, 2018 were moved in Rajya Sabha. Since the two Houses of Parliament were not in meeting, to give proceeded with impact to the arrangements of the previously mentioned Ordinance, the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019) was declared on the 21st February, 2019. From that point, the Sixteenth Lok Sabha was broken down on the 25th May, 2019 and the Muslim Women (Protection of Rights on Marriage) Bill, 2017 and the Muslim Women (Protection of Rights on Marriage) Bill, 2018 pending in Rajya Sabha passed. Appropriately, to supplant the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, the Muslim Women (Protection of Rights on Marriage) Bill, 2019 was presented in Parliament. This eventually was passed as the Muslim women (Protection of Rights on Marriage) Act, 2019.[8] BILL COMES WITH PROVISIONS:[9]

● The act delays any pronouncement of talaq either written or oral by any Muslim man to be null and void.

● The act makes talaq a cognizable offence with an imprisonment of a term of 3 yrs and a fine.

● The offence may be compoundable by the magistrate upon the request of the women.

● Without prejudice to the generality of the provisions contained in the law, a Muslim woman upon whom talaq is pronounced is entitled to allowances and the custody of her minor children.

● The act provides that the magistrate may grant bail to the accused after hearing the women. SIGNIFICANCE OF THE BILL ● The proposed Bill will secure the privileges of wedded Muslim ladies and forestall separate by the act of immediate and permanent ‘talaq-e-biddat’ by their spouses.

● It gives the privileges of means stipend, guardianship of minor kids to survivors of triple talaq for example talaq-e-biddat​.

ISSUE WITH THE BILL:

● The slipshod manner in which the bill has been passed.

● Since, the bill makes it cognizable therefore married Muslim man become a vulnerable target.

CONCLUSION: The enactment brings India at standard with other Muslim larger part states including Pakistan and Bangladesh. This was long late for a nation that has invested wholeheartedly in its adherence to the standards of secularism, majority rule government, and correspondence. Individual laws of different strict networks, Hindus and Christians, have experienced versions to deliver a few concerns identifying with sex equity in issues of legacy and polygamy. In spite of the additions, sex equity doesn’t pervade all parts of common law. Even Article 44 under Part four10 casts the duty of state to further Uniform Civil Code to forge unity in India, upholding the idea of “fraternity”. According to me, this act was a much needed change to protect the muslim women and provide them with some say in the marriage life. They needed to come out of their responsibility to just serve and tolerate all activities of their husband and even have some weightage of their own wellbeing.

REFERENCES: [1] The Muslim Women (Protection of Rights on Marriage) Act, 2019, NO. 20, Acts of Parliament, 2019(India). [2 ]Deshpande,​ Pushkraj,​”India: Triple Talaq, Judgment Of Hon’ble Supreme Court And The MostAnticipated Triple Talaq Bill”​.(30 Jan. 2018)<​www.mondaq.com​> . [3] “Supreme​court bars triple talaq”​,The Times of India, Aug. 22. [4] National​ Commission for Women, “Status of Muslim Women”(​http://ncwapps.nic.in/pdfReports/vov-part-2.pdf​) ch 4 pg 34 para 1. [5] Shayara Bano v. Union of India and Anr, (2017) 9 S.C.C. 1 (SC). [6 ]”Triple Talaq Bill Passed In Lok Sabha”​.​Republic TV,​31 Dec. 2017, Retrieved 28 Dec. 2017​. [7​]”Instant​ triple talaq to be a crime now as Union Cabinet approves Ordinance”​.​The Indian Express, 19Sept. 2018(Retrieved 11 Mar. 2019.). [8] Supra​ 1. [9 ]​”2019​Act Provisions”​,(egazette.nic.in​.) part 2 sec.1 Retrieved 21 January2020​. DISCLAIMER: Views and opinions as expressed in the Research Articles are solely of the author and any member of the core team of the website shall not be liable for the same.

Related posts