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Parliament Passes the Muslim Women (Protection of Rights on Marriage) Bill, 2019 - (30 Jul 2019)


Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019, to ban practice of Triple Talaq. The bill is a historic step to protect the dignity of Muslim women. Union Minister for Home Affairs, Shri Amit Shah said that, Muslim women freed from the curse of the regressive practice of Triple Talaq. It will bring a new ray of hope and respect in the lives of Muslim women. The Bill ensures gender equality and gender justice to Muslim women. The Bill would help in protecting the rights of married Muslim women and prevent divorce by practice of ‘talaq-e-biddat’ by their husbands. The Bill replaces an Ordinance promulgated on 21st February, 2019.

The Bill declares the practice of triple talaq as void and illegal and an offence punishable with imprisonment up to three years and fine. Now under the new law, only an aggrieved woman or a close relative can file a police complaint against her husband as compared to earlier bill wherein other persons could file the complaint. The Muslim wife can withdraw the case, if a couple reaches a compromise or settlement. The Bill further provides that the Magistrate can now release the husband on bail after hearing the wife. Under the present Bill, the women shall also be entitled to financial assistance from the husband.

The triple talaq Bill is the outcome of the Supreme Court’s Judgment which has set aside the decade-old practice of instant triple talaq by Muslim husband. The Apex Court held that, it was violative of Article 14 and 21 of the Indian Constitution. The 5 judge bench headed by the then Chief Justice of India Justice J. S. Khehar, has delivered the verdict which was restricted to the constitutional validity of triple talaq and did not include issues like polygamy and nikah halala under the Muslim personal law. Passing of the bill is a victory of gender justice and will further equality in society.


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