The Rajya Sabha, after an intense discussion, had passed the "Muslim Women (Protection of Rights on Marriage) Bill 2019", which is known as the Triple Talaq Bill. The Lok Sabha had passed the Bill on 25th July with 303 'yes' votes against 82 'no' votes. In the Rajya Sabha, the Bill was passed with 99 'yes' votes and 84 'no' votes
The Muslim Women (Protection of Rights on Marriage) Bill shall now go to President Ram Nath Kovind for his sanction. When the triple talaq bill will get the assent of the President and notified by the government, the bill shall replace an ordinance promulgated last on 21st February to the same effect as the bill.
The upper house earlier disallowed the motion to send the contentious triple talaq bill that makes instant triple talaq a criminal offense, towards selecting committee for further inspection. The passage of the bill was supported through a non-aligned Biju Janata Dal, while National Democratic Alliance members Janata Dal united and the AIADMK walked out of it.
However, in August 2017, the Supreme Court had stated the practice of 'triple talaq' being unconstitutional, by 3:2 majorities and a divorce pronounced through uttering talaq 3 times in one sitting void as well as illegal.
Rajya Sabha presently gave its nod by approving the bill; the practice of instant divorce by Muslim men through triple talaq shall be punishable by a jail term of up to 3 years.
The bill to ban Triple Talaq, the practice of Muslim men instantly divorcing their wives through uttering "talaq" thrice, which failed the Rajya Sabha test last time, has been passed by Lok Sabha last week. The Triple Talaq bill cannot make it through the Upper House earlier this year for the period of the first term of Prime Minister Narendra Modi's government, even though it was passed by Lok Sabha.
Law Minister Ravi Shankar Prasad stated that the bill is regarding "gender justice, dignity and equality" as despite August 2017 Supreme Court judgment on striking down the practice, women were being divorced by 'talaq-e-biddat'. Law minister also stated that since January 2017, as many as 574 such cases were reported by the media. The opposition parties stated that the suggested law in the bill in its present form, can be misused towards harassing Muslims and they demanded the bill to be reviewed through a parliamentary committee.
The clauses of the Muslim Women (Protection of Rights on Marriage) Bill 2019
"Talaq" has been the purposes of the Bill, which means "talaq-e-biddat or any other similar form of talaq having the effect of instant and irrevocable divorce made by a Muslim man to his wife.
Clause 3 of the Bill declared that the pronouncement of talaq, which includes in written or electronic form, shall be void and illegal. Pronouncement of triple talaq is suggested to make it an offense punishable with imprisonment for a term which might extend up to 3 years as well as fine.
Cognizance of the offense could be taken only on the complaint which is lodged by the victim wife or the wife’s close blood relatives. Likewise, the offense would be compoundable at the instance of the wife based on such terms as well as conditions as deemed to be fit by the Magistrate. The offense is furthermore bailable, and Magistrate could grant bail, but only after hearing the wife’s part. The Bill offers for grant of custody of the minor child towards the wife, and also maintenance appropriately determined by the Magistrate.
Conclusion
The present Muslim Women (Protection of Rights on Marriage) Bill 2019 altered some of the contentious provisos in the earlier Bill which has been passed by the Lok Sabha during December 2017. According to the earlier version, the offense was cognizable, which involves that anyone can have lodged FIR with regard to the practice. Likewise, the offenses were non-bailable and non-compoundable according to the previous Bill.
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