27-Dec-2018: The Muslim Women (Protection of Rights on Marriage) Bill, 2018
The Muslim Women (Protection of Rights on Marriage) Bill, 2018 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 17, 2018. It replaces an Ordinance promulgated on September 19, 2018. Note that a Muslim Women (Protection of Rights on Marriage) Bill, 2017 was introduced and passed in Lok Sabha on December 28, 2017. The 2017 Bill is listed for withdrawal.
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.
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.
22-Aug-2017: SC strikes down instant triple talaq
The Supreme Court banned a controversial Islamic practice of instant divorce as arbitrary and unconstitutional, in a landmark verdict for gender justice that will stop Muslim men calling off a marriage on a whim.
In a split verdict, three of the five all-male judges on the case said the practice of saying “talaq”, or divorce, three times in one go – sometimes even over email and WhatsApp – violated women’s right to equality and was not integral to Islam.
The dissenting vote came from Chief Justice of India JS Khehar and justice S Abdul Nazeer, who argued instant talaq should be suspended and the government asked to bring a law to regulate the practice within six months. The majority verdict overrides the minority view.
Tuesday’s bench of five judges were from India’s major faiths -- Hinduism, Christianity, Islam, Sikhism and Zoroastrianism. Some Muslim groups which contended the state had no right to interfere in religious matters.
Muslim men in India can still divorce using two other forms of talaq that have a three-month cooling off period. Muslim women usually divorce using a practice called Khula. Instant talaq, or “talaq-e-biddat”, is banned in 22 Muslim-majority countries, including Pakistan, for being sinful and arbitrary.
The Supreme Court verdict cannot be misused by the government to try to interfere with personal laws through legislation. Former attorney general Mukul Rohatgi, who had represented the government in the case, said the verdict “will go a long way in ensuring justice to Muslim women.” Rohatgi had asked the court to scrap all forms of triple talaq.
12-Jan-2017: Triple talaq certificate issued by chief kazi has no legal sanction.
Madras high court has ruled that any document issued by the chief kazi approving or certifying triple talaq has no legal validity. The court also restrained kazis from issuing any such certificates until the matter is deliberated by the Muslim Personal Law Board.
Topic Segment: GS Paper I: Role of women and women’s organization, population and associated issues, poverty and developmental issues, urbanization, their problems and their remedies.