MUSLIM WOMEN (PROTECTION
OF RIGHTS ON MARRIAGE) ACT, 2019 THE MUSLIM WOMEN
(PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 [Act No. 20 of 2019] [31st July, 2019] An Act to protect the
rights of married Muslim women and to prohibit divorce by pronouncing talaq by
their husbands and to provide for matters connected therewith or incidental
thereto. Be
it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:-- (1) This Act may be called the Muslim Women (Protection
of Rights on Marriage) Act, 2019. (2) It shall extend to the whole of India except the
State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the
19th day of September, 2018. In
this Act, unless the context otherwise requires,-- (a) "electronic form" shall have the same
meaning as assigned to it in clause (r) of sub-section (1) of section 2
Preamble - MUSLIM WOMEN (PROTECTION OF
RIGHTS ON MARRIAGE) ACT, 2019PREAMBLE
(b) "Magistrate" means a Judicial Magistrate
of the first class exercising jurisdiction under the Code of Criminal
Procedure, 1973 (2 of 1974), in the area where the married Muslim woman
resides; and
(c) "talaq" means talaq-e-biddat or any other
similar form of talaq having the effect of instantaneous and irrevocable
divorce pronounced by a Muslim husband.
Section 3 - Talaq to be void and illegal
Any
pronouncement of talaq by a Muslim husband upon his wife, by words, either
spoken or written or in electronic form or in any other manner whatsoever,
shall be void and illegal.
Section 4 - Punishment for pronouncing talaq
Any
Muslim husband who pronounces talaq referred to in section 3 upon his wife
shall be punished with imprisonment for a term which may extend to three years,
and shall also be liable to fine.
Section 5 - Subsistence allowance
Without
prejudice to the generality of the provisions contained in any other law for
the time being in force, a married Muslim woman upon whom talaq is pronounced
shall be entitled to receive from her husband such amount of subsistence
allowance, for her and dependent children, as may be determined by the Magistrate.
Section 6 - Custody of minor children
Notwithstanding
anything contained in any other law for the time being in force, a married
Muslim woman shall be entitled to custody of her minor children in the event of
pronouncement of talaq by her husband, in such manner as may be determined by
the Magistrate.
Section 7 - Offence to be cognizable, compoundable, etc
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--
(a) an offence punishable under this 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 woman upon
whom talaq is pronounced or any person related to her by blood or marriage;
(b) an offence punishable under this Act shall be
compoundable, at the instance of the married Muslim woman upon whom talaq is
pronounced with the permission of the Magistrate, on such terms and conditions
as he may determine;
(c) no person accused of an offence punishable under
this Act shall be released on bail unless the Magistrate, on an application
filed by the accused and after hearing the married Muslim woman upon whom talaq
is pronounced, is satisfied that there are reasonable grounds for granting bail
to such person.
Section 8 - Repeal and savings
(1) The Muslim Women (Protection of Rights on Marriage)
Second Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the Muslim Women (Protection of Rights on Marriage) Second
Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have been done or taken
under the provisions of this Act.
Statement of Objects and Reasons -
Muslim Women (Protection of Rights on Marriage) Act, 2019
STATEMENT OF OBJECTS
AND REASONS
1.
The
Supreme Court in the matter of ShayaraBano Vs. union of India and others and
other connected matters, on the 22nd August, 2017, in a majority judgment of
3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq,
at one and the same time) practiced by certain Muslim husbands to divorce their
wives. This judgment gave a boost to liberate Indian Muslim women from the
age-old practice of capricious and whimsical method of divorce, by some Muslim
men, leaving no room for reconciliation.
2.
The
petitioner in the above said case challenged, inter alia, talaq-e-biddat on the
ground that the said practice is discriminatory and against dignity of women.
The judgment vindicated the position taken by the Government that
talaq-e-biddat is against constitutional morality, dignity of women and the
principles of gender equality, as also against gender equity guaranteed under
the Constitution. The All India Muslim Personal Law Board (AIMPLB), which was
the 7th respondent in the above case, in their affidavit, inter alia, contended
that it was not for the judiciary to decide matters of religious practices such
as talaq-e-biddat, but for the legislature to make any law on the same. They
had also submitted in the Supreme Court that they would issue advisories to the
members of the community against this practice.
3.
In
spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of
AIMPLB, there have been reports of divorce by way of talaq-e-biddat from
different parts of the country. It is seen that setting aside talaq-e-biddat by
the Supreme Court has not worked as any deterrent in bringing down the number
of divorces by this practice among certain Muslims. It is, therefore, felt that
there is a need for State action to give effect to the order of the Supreme
Court and to redress the grievances of victims of illegal divorce. Therefore,
to protect the rights of married Muslim women who are being divorced by triple
talaq, a Bill, namely, the Muslim Women (Protection of Rights on Marriage)
Bill, 2017, was introduced in, and passed by, the LokSabha on the 28th
December, 2017 and was pending in RajyaSabha.
4.
The
aforesaid Bill proposed to declare the practice of triple talaq as void and
illegal and made it an offence punishable with imprisonment up to three years
and fine, and triable by a Judicial Magistrate of the first class. It was also
proposed to provide subsistence allowance to married Muslim women and dependent
children and also for the custody of minor children. The Bill further provided
to make the offence cognizable and non-bailable. However, apprehensions have
been raised in and outside Parliament regarding the provisions of the pending
Bill which enables any person to give information to an officer in charge of a
police station to take cognizance of the offence and making the offence non-bailable.
5.
In
order to address the above concerns, it has been decided to make the offence
cognizable, if the information relating to the commission of an 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. It was also decided to make the offence non-bailable and compoundable
at the instance of the married Muslim woman with the permission of the
Magistrate, on such terms and conditions as he may determine.
6.
As
the Bill was pending for consideration in RajyaSabha and the practice of
divorce by tripletalaq (i.e., talaq-ebiddat) was continuing, there was an
urgent need to take immediate action to prevent such practice by making
stringent provisions in the law. Since both Houses of Parliament were not in
session and circumstances existed which render it necessary for the President
to take immediate action in the matter, the Muslim Women (Protection of Rights
on Marriage) Ordinance, 2018 (Ord. 7 of 2018), with aforesaid changes was
promulgated on the 19th September, 2018.
7.
In
order to replace the said Ordinance, the Muslim Women (Protection of Rights on
Marriage) Bill, 2018 was introduced in LokSabha on the 17th December, 2018 and
was passed by that House on the 27th December, 2018. However, the Bill could
not be taken up for consideration in RajyaSabha and both Houses were adjourned.
As both Houses of Parliament were not in session and the practice of divorce by
triple talaq (i.e. talaq-e-biddat) was continuing, to give continued effect to
the provisions of the aforesaid Ordinance, the Muslim Women (Protection of
Rights on Marriage) Ordinance, 2019 (Ord. 1 of 2019) was promulgated on the
12th January, 2019.
8.
Subsequently,
to replace the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019,
necessary official amendments to the Muslim Women (Protection of Rights on
Marriage) Bill, 2018 were moved in RajyaSabha. However, the Bill could not be
taken up for consideration in RajyaSabha and both Houses were adjourned. Since
both Houses of Parliament were not in session, to give continued effect to the
provisions of the aforesaid Ordinance, the Muslim Women (Protection of Rights
on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019) was promulgated on the
21st February, 2019. Thereafter, the Sixteenth LokSabha was dissolved on the
25th May, 2019 and the Muslim Women (Protection of Rights on Marriage) Bill,
2017 and the Muslim Women (Protection of Rights on Marriage) Bill, 2018 pending
in RajyaSabha lapsed.
9.
Accordingly,
to replace the Muslim Women (Protection of Rights on Marriage) Second
Ordinance, 2019, the Muslim Women (Protection of Rights on Marriage) Bill, 2019
is being introduced in Parliament.
10.
The
legislation would help in ensuring the larger Constitutional goals of gender
justice and gender equality of married Muslim women and help subserve their
fundamental rights of non-discrimination and empowerment.
11.
The
Bill seeks to replace the aforesaid Ordinance.