AUTHORED BY: MS. NATASHA JAIN, LL.B, STUDENT AT NEW LAW COLLEGE, BHARATI VIDYAPEETH DEEMED UNIVERSITY & RESEARCH WRITER AT LAW AUDIENCE: EDITED BY: MS. PRIYA KUSHWAH, B.A.LL.B, STUDENT AT NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI & ASSISTANT EDITOR AT LAW AUDIENCE.
I. INTRODUCTION:
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, was promulgated as on 12th of January, 2019. This Ordinance is the replacement of the Muslim Women (Protection of Rights on Marriage) Bill, 2018, which was presented in the Lok Sabha to forbid triple talaq. The 2018 bill was introduced in the Lok Sabha as on 17th of December 2018 and got passed in the Lok Sabha as on 27th of December, 2018. But, however, it is still pending in the Rajya Sabha. The 2019 Ordinance is to protect the rights of married Muslim Women and to forbid divorce by saying talaq by their husbands and for matters associated therewith.
II. EXTENT AND OBJECT OF THE ORDINANCE:
This ordinance shall extend to the whole of India except the State of Jammu & Kashmir.
The objectives of the Ordinance are[1]:
- To protect the rights of Muslim Women[2].
- To criminalize the triple talaq[3].
- To consider the rights of Muslim Women within marriage[4].
The whole issue of triple talaq has become a battle between the modernity and culture. The object of the Ordinance to protect the rights of Muslim Women and gave them their rights which they deserved or as per the substantial understanding of rights for the women empowerment, one needs to lesser the grouping of religion and culture.
III. REASONS BEHIND THE INTRODUCTION OF THE ORDINANCE:
Conferring the data that has been formed by Bharatiya Muslim Mahila Andolan, 177 triple talaq cases[5] were registered considering the landmark ruling in Shayara Bano case which was given by the Supreme Court. The Ordinance makes all pronouncement of talaq to be void and illegal, together within the written or electronic form. It explains talaq as talaq-e-biddat or any other same form of talaq clearly stated by a Muslim man succeeding the immediate and irrevocable divorce. It is the practice under the Muslim personal laws that if a Muslim man pronounced the word ‘talaq’ thrice in one session to his wife then, it consequences in direct and irreversible divorce. The Ordinance makes this type of talaq a cognizable offence and adding to it, three years of imprisonment with a fine.
IV. CRITICISM OF THE ORDINANCE OF THE ORDINANCE:
It is interfering in the religious principles of the Muslims. Although, Muslims have individual identifications but talaq-e-biddat is something which is not appreciated by anyone. By prohibiting talaq-e-biddat, the Ordinance believes that ladies will approach the Court distinctly. There is no doubt that it could also destroy the lives of a few Muslim women because if the sole breadwinner goes to jail then how she will get her bread butter.
V. REMARKABLE PROVISIONS OF THE ORDINANCE:
The remarkable provisions of the Ordinance are:
- If a Muslim man tries to pronounce triple talaq to his spouse in any form whether it is written, spoken or in electronic form or through social networking sites then it is void and illegal[6].
- Whoever tries to pronounce talaq-e-biddat would detain with a term of three years imprisonment and fine[7].
- The offence of pronouncing triple talaq is a cognizable offence[8].
- If a husband pronounces triple talaq and goes to the jail then the wedded Muslim lady should be qualified for the authority of her minor youngsters. But, however, but the manner of custody should be decided by the Magistrate only[9].
- A Muslim woman against whom talaq has been pronounced is entitled to get an allowance from her husband[10].
VI. CONCLUSION:
If we throw a light on the provisions of the bill, and on the basis of the ideologies of Islam, then it is giving a legitimate status to the marriage even after the pronouncement of talaq-e-biddat on the wife by the husband. It is unfair from the side of the husband because it is compelling the Muslim husband to live with his spouse without his own will. It is not that only Muslim women are sufferers or victims but so as the Muslim men.
[1] As Per THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2019.
[2] Chapter 3, THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2019.
[3] Chapter 2, THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2019.
[4] supra note 2.
[5] https://www.indiatoday.in/india/story/triple-talaq-bill-lok-sabha-supreme-court-bjp-congress-illiteracy-education-levels-marriage-act-1118069-2017-12-28.
[6] supra note 3.
[7] Ibid.
[8] supra note 2.
[9] Ibid.
[10] Ibid.
