Nearly two years after the Supreme Court set aside the centuries-old practice of instant triple talaq or talaq-e-biddat calling it un-Islamic, arbitrary and not an integral part of religious practice, The Muslim Women (Protection of Rights on Marriage) Bill, 2019 was passed by Parliament.
Bill overrides personal law
The government has managed to pass a bill which overrides muslim personal law.
Who are the provisions?
1. Only the woman or her blood relative can lodge an FIR.
2. The offence under the act is compoundable. At the instance of the wife, a magistrate can do it.
3.Magistrate can give bail upon appropriate condition after hearing the wife.
4. There are provisions for subsistence allowance.
The Opposition’s main objection to the Bill was declaration of triple talaq as a cognizable offence, attracting up to three years imprisonment with a fine.
Passage of the bill
Since the Supreme Court judgment on August 22, 2017, this is the first time the Bill has been put to vote in Rajya Sabha. In 2018, when the Bill was introduced in Rajya Sabha, the Opposition had moved for a Select Committee reference but the House was adjourned before voting could take place after treasury benches trooped to the well and started raising slogans. Lok Sabha though discussed the Bill/Ordinance thrice. The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 was promulgated for the third time on January 12, 2019.