The Muslim Women (Protection of Rights on Marriage) Bill most commonly known as the Triple Talaq Bill has passed in the lower house of the Parliament on Thursday. This Bill is aimed to prevent the practice of talaq-e-biddat (three pronouncements of talaq at once and same place).
Earlier on 22nd August 2017, the Honorable Supreme Court in the matter of Shayra Banu V/s Union of India has set aside the practice of triple talaq (talaq e biddat) by the majority of 3:2. While delivering the verdict the Supreme Court had declared that the practice of triple talaq by the certain Muslim husband is unconstitutional as well as unislamic and it needs to be stopped.
But in spite of the Supreme Court’s setting aside of talaq-e-biddat, the practice has not been stopped, the capricious and whimsical practice was yet performed among the Muslim communities. Therefore it was felt that state action on this matter is required to give effect on the order and redress the grievances of victims of illegal divorce.
In order to prevent the practice of triple talaq a bill named the Muslim Women (Protection on Marriage) Bill, 2017 was introduced and passed by the Lok Sabha in December 2017 but is still pending before the Rajya Sabha.
As the Bill was still pending on Rajya Sabha, one the other hand the practice of triple talaq was continuing, there was a need of urgent and immediate action by the government on that matter. Since Both House of parliament was not in session, the Muslim Women (Protection on Marriage) Ordinance was promulgated by the President on 19th September 2018
Therefore, to replace the said Ordinance, the Muslim Women (Protection on Marriage) Bill, 2018 is being introduced in the Lok Sabha is passed by 245 votes in favour and 11 averse votes.
Here are some key points about “the Muslim Women (Protection on Marriage) Bill, 2018”:
- Any pronouncement of talaq by a Muslim husband upon his wife either by words spoken or written or in electronic form or any other manner shall be void and illegal.
- Any Muslim husband who pronounces talaq upon his wife shall be treated as a cognizable offense and punished with imprisonment for a term of three years and shall also be liable for fine.
- A Married Muslim women upon whom talaq is pronounced shall be entitled for custody of her minor child.
- A married Muslim women upon whom talaq is pronounced shall be entitled to receive maintenance for her and dependent children from her husband as determined by the Magistrate.
- The offense punishable under this Act shall only be compoundable at the instance of the married women upon whom talaq is pronounced.
- A Muslim husband who has pronounced triple talaq shall not be released on bail without hearing the married women upon whom talaq is pronounced.