Ministry of Minority Affairs
The Muslim Women (Protection of Rights on Marriage) Act, 2019
Posted On: 04 NOV 2021 12:35 AM
“Judgment of the Hon’ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment”
-PM Shri Narendra Modi
(After Supreme Court set aside Triple Talaq)
What is Triple Talaq?
- Talaq-e-Biddat or Triple Talaq is a form of divorce that was practiced in Islam, whereby a Muslim man could divorce his wife by pronouncing talaq three times. The man need not cite any reason for the divorce and the wife need not be present at the time of pronouncement of talaq.
Demand for Banning Triple Talaq:
- To ban the evil practice of Triple Talaq was a demand from Muslim women for a very long time.
- ShayaraBano a woman from Uttarakhand, who suffered mental and physical torture by her husband and his family for not fulfilling their demand for dowry, was granted instant Triple Talaq by her husband through a letter, ending their 14-year marriage. Her husband also denied her the custody of her two children.
- ShayaraBano challenged this practice before the Supreme Court on the ground that the said practice is discriminatory and against dignity of women.
Supreme Court Verdict:
- Supreme Court found that the said practice of divorce to be manifestly arbitrary, in the sense that, the marital tie can be broken capriciously and whimsically by a Muslim husband withoutany attempt to reconcile to save the marriage.
- Supreme Court, in a majority judgment rendered on 22nd August, 2017, set aside the practice of divorce by pronouncing instant Triple Talaq as violative of Article 14 of the Constitution.
- Supreme Court 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 and also against gender equity guaranteed under the Constitution of India.
Demand for Reform:
- Even after the Supreme Court’s order declaringthis practice as unconstitutional, practice ofTriple Talaq continued.
- From the date of judgment of Supreme Court, i.e., from 22nd August, 2017 up to introduction of the Bill in Parliament, i.e., up to 28th December, 2017, there were reported around 100 instances of pronouncing of Triple Talaq in the country.
- Because there was no law to punish those who continued to practice ‘Triple Talaq’and to provide legal remedies to the victims of such practice, a need has arisen to make a law for effective implementation of the Supreme Court judgment.
- The commitment of the Government, led by Prime Minister Shri. NarendraModi, to givegender justice, gender dignity and genderequality to the Muslim women was a majorinitiative behind this reform.
Legislative Reform:
- To give immediate effect to the verdict of the Supreme Court the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 was promulgated on the 19th September, 2018 and two more Ordinances were promulgated thereafter.
- Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019 on 25th July, 2019 and the Rajya Sabha too passed it on 30th July, 2019. After receiving the assent of the President of India, The Muslim Women (Protection of Rights on Marriage) Act, 2019 came into force with retrospective effect from the 19th day of September, 2018 giving continued effect to the first Ordinance promulgated on 19th September, 2018.
Act & Provision for Imprisonment:
- The Muslim Women (Protection of Rights on Marriage) Act, 2019 declares the instant divorce granted by pronouncement of talaq three times as void and illegal. It provides for imprisonment for a term up to 3 years and fine to the husband who practiced instant Triple Talaq.
- Muslim woman, upon whom Talaq was pronounced also granted custody of children and subsistence allowance to be paid by the husband.
- Muslim women now have a legal protectionagainst the whimsical and irrationalpronouncement of Triple Talaq.
- The Act also works as deterrence for husbands whointend to divorce their wives in this manner.
Quantifying Benefits:
- From various sources including State police authorities, several media reports show that there hasbeen substantial reduction in the Triple Talaq cases due to legislative intervention by the Government headed by Hon’ble Prime Minister of India, Shri. Narendra Modi.
Qualitative Changes:
- The Act will improvethe existing conditions of Muslim women and will help them to come out of domestic violence and discrimination they are facing in the society.
Achievements:
- Abolishment of Triple Talaq has contributed to woman empowerment and has given them dignity in the society.
- The government has strengthened “self-reliance, self-respect and self-confidence” of the Muslim women of the country and protected their constitutional, fundamental and democratic rights by bringing the law against the Triple Talaq.
- Triple Talaq cases have dropped by 82%within one year of passing of the Act.
- “Muslim Women Rights Day” was observed across the country on 1st August 2021to celebrate the enactment of the law against Triple Talaq.
Source:PIB e-Booklet on The Muslim Women (Protection of Rights on Marriage) Act, 2019
AG/RN/TT