Muslim Women (Protection of Rights on Marriage) Act

Draft Bill:

Bill is in Draft stage
It makes any declaration of talaq-e-biddat or triple talaq by Muslim man illegal and void.
It makes it a “cognizable and non-bailable” offence, punishable with three years jail and a monetary fine.
It applies to instant triple talaq in “oral, written, electronic or any other form”.
It aims to empower Muslim women especially victims of triple talaq to move to court for seeking subsistence allowance for herself and dependent children, as well as custody of minor children.
The draft bill prescribes for three-year imprisonment and a fine to a man who tries to divorce his wife through triple talaq. The law will be effective across whole country, however, will not apply to Jammu and Kashmir.

Why it was done?

In August 2017 landmark verdict, Supreme Court had banned practice of “triple talaq” in which Muslim men unilaterally divorce their wives by uttering talaq three times in quick succession, calling it “unconstitutional”.
As per Supreme Court pronouncement, the practice of “triple talaq” is un-Islamic and “arbitrary” and was not integral part of religious practice.
It also violated Article 14 (Equality before law) and Article 21 of Indian Constitution.
It was alleged that practise of triple talaq adversely impact rights of women to a life of dignity and is against constitutional principles such as gender equality, secularism, international laws etc.
It also undermines gender equality which is a sacred principle of our constitution and modern society.
Even 21 Islamic theocratic countries including Pakistan, Afghanistan have abolished it.

Concerns Raised:

Punish the husband only if the woman files a complaint.
Instant talaq should be an offence but not a cognisable one.
They fear that the provisions have the potential to adversely impact Muslim women who are victims of instant talaq and result in greater harassment.
The purpose of this bill is gender justice, and criminalisation in itself cannot serve this objective. Marriage is a civil matter.
As per 494 of the Indian Penal Code bigamy is non-cognisable and bailable offence. Violation of law through triple talaq should invite penalty and punishment accordingly and proportionately