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Current Affairs

Parliament passes triple talaq bill two years after Supreme Court struck down the practice

Date: 31 July 2019 Tags: Bills & Laws

Context:

  • The Muslim Women (Protection of Rights on Marriage) Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice on June 21, 2019.
  • It replaces an Ordinance promulgated on February 21, 2019

Offence:

  • Compounded:
    • The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared).
    •  Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute.  The terms and conditions of the compounding of the offence will be determined by the Magistrate. 
  • Cognisable:
    • The Bill makes declaration of talaq a cognizable offence, attracting up to 3 years’ imprisonment with a fine. 
    • A cognizable offence is one for which a police officer may arrest an accused person without warrant.
  • Penalty: The offence will be cognizable only if information relating to the offence is given by:
    • (i) The married woman (against whom talaq has been declared), or

      (ii) Any person related to her by blood or marriage. 

  • Provision of bail:
    • The Bill provides that the Magistrate may grant bail to the accused.
    • The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
  • Allowance: 
    • A Muslim woman, against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. 
    • The amount of the allowance will be determined by the Magistrate.
  • Custody:
    • A Muslim woman, against whom such talaq has been declared, is entitled to seek custody of her minor children.
    • The manner of custody will be determined by the Magistrate.