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Muslim Women (Protection of Rights on Marriage), Second Ordinance, 2019

Topics covered:

  1. Women related issues.
  2. Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

 

Muslim Women (Protection of Rights on Marriage), Second Ordinance, 2019

 

What to Study?

  • For Prelims: Key features of the ordinance and the Bill proposed.
  • For Mains:.Need, significance and challenges in implementation.

 

Context: The Union Cabinet has promulgated an Ordinance, namely the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019.

 

Benefits:

The proposed Ordinance will protect the rights of married Muslim women and prevent divorce by the practice of instantaneous and irrevocable ‘talaq-e-biddat’ by their husbands.

Promulgation of the proposed Ordinance will provide the rights of subsistence allowance, custody of minor children to victims of triple talaq i.e. talaq-e-biddat.

 

Key provisions of the Bill:

The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.

Definition: 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 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.

 

Significance:

Time has come to put an end to the suffering of Muslim women who have been at the receiving end of instant talaq for several years. More than 20 Islamic countries have already banned the practice.