Triple Talaq BILL
An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to produce for matters connected with that or incidental to it. Be it enacted by Parliament within the 70th Year of the Republic of India as follows:—
Nikah signifies matrimony and halala indicates to make something halal, or allowable. This form of the wedding is haram (forbidden) according to many from a specific prophet of Islam. Nikah Halala is practised by some Sunni Muslims, mainly in countries that recognise the triple talaq.
The Narendra Modi Government form a bill and introduced it in the Parliament (Lok Shabha + Rajya Shabha + President ) after 100 cases in the supreme court and different High Court of instant triple talaq in the country. Since the Supreme Court judgement in August 2017. On 28 December 2017, the Lok Sabha passed The Muslim Women (Protection of Rights on Marriage) Bill, 2017.
The matter was called Shayara Bano v. Union of India & Others. The Supreme Court bench that heard the provocative Triple talaq case in 2017 was made up of multifaith Muslim members. The Court wants to resolve whether or not Triple talaq is an inherent background of Islamic faith and tradition.
Dissolution of wedlock can be performed at the case of the husband (talaq), wife (khula) or mutually (mubarat). Talaq allows Muslim men to lawfully divorce his spouse by stating the word talaq.
CHAPTER I PRELIMINARY.
Short title, extent and commencement.
- (1) This Act is also known as the Muslim Women (Protection of Rights on Marriage) Act, 2019.
(2) It shall be deemed to force on the nineteenth day of Sept 2018.
- Under this Act, unless the context otherwise needs,—
(a) “Electronic Form” shall have a similar that means as assigned thereto in clause (r) of sub-section (1) of section two of the data Technology Act, 2000;
(b) “Magistrate” means that a Judicial magistrate of the first-class exercising jurisdiction below the Code of Criminal Procedure, 1973, within the place where the married Muslim woman resides; and
(c) “Talaq” means talaq-e-biddat or another similar kind of talaq having the impact of instant and irrevocable divorce pronounced by a Muslim husband.
CHAPTER II DECLARATION OF TRIPLE TALAQ TO BE VOID AND ILLEGAL
Triple Talaq to be void and illegal.
- Any pronouncement of talaq by a Muslim husband upon his married woman, by words, either spoken or written or in electronic type or the other manner whatsoever shall be void and illegal.
Punishment for pronouncing triple talaq
- Any Muslim husband who pronounces talaq referred to in section three upon his wife shall be penalized with imprisonment for a term which can be 3 years and shall even be exposed into fine.
CHAPTER III PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
- while not prejudice to the generality of the provisions contained in the other Triple talaq law for the present effective. a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such portion of subsistence allowance, for her and dependent children, as could also be determined by the magistrate.
Custody of Minor Children
- But, something contained in the other law for the present effective, a married Muslim lady shall be entitled to custody of her minor kids within the event of a claim of talaq by her husband, in such manner as could further be determined by the Magistrate.
Offence to be cognizable, compoundable, etc.
- However, something contained within the Code of Criminal Procedure, 1973,—
(a) AN offence punishable under that Act shall be cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim Women upon whom talaq is pronounced or any person related to her by blood or marriage;
(b) AN offence punishable below this Act shall be compoundable, at the instance of the married Muslim Women upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he could determine;
(c) no one suspect of an offence punishable below this Act shall be released on bail unless the magistrate, on an application filed by the suspect and when hearing the married Muslim woman upon whom talaq is pronounced, is convinced that there are reasonable grounds for granting bail to such person.
Repeal and savings Talaq;
- (1) The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 is herewith repealed.
(2) but such repeal, something is made or any action is taken under the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, shall be deemed to own been done or taken below the provisions of this Act.
Talaq is deemed in Mohammedanism to be a wicked means of divorce. The primary proclamation of talaq is a revocable refusal (ṭalāq rajʿah) which does not dismiss this marriage. The spouse can withdraw the refusal at any period throughout the waiting time (‘iddah) which lasts three full menstrual periods. Triple Talaq is a wonderful initiative by the central government of India.its protect the women right of Muslim Women. in the famous case sharia Bano vs Union of India is the most leading judgement finds by the Supreme Court of India said Triple Talaq is unconstitutional and it is violated the fundamental right of Muslim women in India.
KUMAR RAHUL ANAND