J&K&L HC: Matrimonial Remedies May Overlap, But Cruelty Claims Cannot be Selectively Invoked  ||  Delhi High Court: Customs Officials Acting Officially Cannot be Cross-Examined as of Right  ||  J&K&L HC: Second Arbitral Reference is Maintainable if Award is Set Aside Without Deciding Merits  ||  J&K&L HC: Gold Voluntarily Given to Customer is 'Entrustment'; Theft Excluded from Insurance Cover  ||  Delhi HC: Working Mothers Cannot be Forced to Bear Full Childcare Burden While Fathers Evade Duty  ||  J&K&L HC: Arbitral Tribunal Not a “Court”; Giving False Evidence Before it Doesn’t Attract S.195 CrPC  ||  Calcutta HC: Award May Be Set Aside if Tribunal Rewrites Contract or Ignores Key Clauses  ||  Delhi HC Suspends Kuldeep Singh Sengar’s Life Term, Holding Section 5(C) of POCSO Not Made Out  ||  Calcutta High Court: Arbitration Clause in an Expired Lease Cannot be Invoked For a Fresh Lease  ||  Delhi High Court: 120-Day Timeline under Section 132B Of Income Tax Act is Not Mandatory    

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

Civil

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.

Tags : TRIPLE TALAQ   PRACTICE   MUSLIM WOMEN   PROTECTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved