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June    2020

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Cabinet Approves New Bill To Ban Instant Triple Talaq

Fulfilling one of the promises to the people, the Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the Muslim Women (Protection of Rights on Marriage) Bill, 2019 by replacing the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019.

Impact:

The Bill would ensure gender equality and gender justice to Muslim women. The Bill would also help in protecting the rights of married Muslim women and prevent divorce by the practice of ‘talaq-e-biddat’ by their husbands. The Bill will be introduced in the forthcoming session of the Parliament.

Implications:

  • The Bill propose to declare the practice of triple talaq as void and illegal.
  • It also makes an offence punishable with imprisonment up to three years and fine.
  • It also provides for payment of subsistence allowance to married Muslim women and dependent children.
  • The Bill also proposes to make the offence cognizable, if information relating to the commission of an offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or by any person related to her by blood or marriage. 
  • The offence is made compoundable with the permission of the Magistrate at the instance of the married Muslim woman upon whom talaq is pronounced. 
  • The Bill further provides for hearing the married Muslim woman upon whom talaq is pronounced before the accused is released on bail by the Magistrate.

The Muslim Women (Protection of Rights on Marriage) Bill, 2019 is on similar lines of the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019.

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