Why in news?
Muslim Women (Protection of Rights on Marriage) Bill has not been passed by the Rajya Sabha.
What is Muslim Women bill about?
- The Muslim Women (Protection of Rights on Marriage) 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.
What are the significant provisions of the bill?
- Offence and penalty - The Bill makes declaration of talaq a cognizable and non-bailable offence.
- A cognizable offence is one for which a police officer may arrest an accused person without warrant.
- A husband declaring talaq can be imprisoned for up to three years along with a fine.
- 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 decided by a First Class Magistrate.
- Custody of minor children - A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children.
- The determination of custody will be made by the Magistrate.
What is the present status of the bill?
- The Muslim Women (Protection of Rights on Marriage) Bill which is most commonly known as Triple talaq bill was introduced in Lok Sabha by the law ministry in 2018.
- The bill was successfully passed in Lok Sabha and it was pending before the approval of Rajya Sabha.
- As there was no consensus on the Bill the legislation was failed to pass in the Rajya Sabha.
- The ruling party claimed the Bill criminalises the practice of instant triple talaq but the Opposition has been maintaining that the Bill brings a criminal angle to a legislation on civil matters.
- The Opposition had urged the Union to send the Bill to a select committee.
- Thus the speaker of Rajya Sabha cleared that triple talaq Bill would need a border consensuses and it need to be discussed among the floor leaders of various parties.
Source: Business Line, PRS India
