Triple Talaq Bill Passed By Parliament 2019
Triple Talaq Bill Passed By Parliament 2019 : Triple Talaq which is also known as talaq-e-biddat is a form of divorce in Islam which is used by Indian Muslims. This law allows man (muslim) for giving legally divorce to its wife by saying the word “talaq” for three times in oral, written, or any other form.
On 22nd August 2017, the Supreme Court of India has deemed instant triple talaq as unconstitutional. Three of the five judges in the panel for these law stated that the practice of triple talaq is unconstitutional. The judges were asking the Central Government to ban these practice by proposing a law.
Bill Against Triple Talaq
The Central Government led by Narendra Modi had formulated a bill which is called as The Muslim Women Bill,2017 . The government had introduced it in the Parliament on 28th December 2017, at Lok Sabha. The bill makes triple talaq as illegal with up to three years in jail for their husbands.
Many MP’s from RJD, AIMIM, BJD, etc had opposed the bill which was formed by law minister Ravi Shankar Prasad. The bill was passed in Lok Sabha on 27th December 2018, as BJP has the majority in the Lok Sabha. The bill was still left to be enacted as a law wasn’t passed by the Rajya Sabha. But, On 30th July,2019 the government had successfully passed the bill in Rajya Sabha as many members of various parties had left the parliament.
These Bill will now send to the President Ram Nath Kovind for his assent. After assention, it will replace the triple talaq ordinance which was promogulated in last Feb 2019. The triple talaq bill was passed in the Rajya Sabha with 99 supports and opposed by 84 votes. This day is celebrated for Indian Muslim Women.
Triple talaq is a form of divorce where a Muslim man legally divorce his wife by saying the word Talaq three times. The word could be in oral, written, or in electronic means such as telephone, SMS, email or by social media like Watsapp and Facebook.
whether the wife has pregnant, the divorce became irrevocable. A divorced wife cannot remarry her divorced husband unless she had first married with another man, these practice is called as Nikah Halala.The practice of ‘talaq-e-biddat’ is used from more than 1400 years ago.
Triple talaq is not mentioned anywhere in the Holy Quran. It is also disapproved by the Muslim legal scholars. Many Islamic nations including Pakistan and Bangladesh had banned these practice. The AIMPLB (All India Muslim Personal Law Board) a non-governmental organisation, had told that the muslim women could also said triple talaq to their husbands.
These practice faced by Muslim women has filed a case in the Supreme Court against the practice. On 13 May 2017the Supreme Court described instant triple talaq as the “worst form of marriage dissolution”.
On 8th December 2016, the Allahabad High Court observed that these practice was unconstitutional and violated the rights of Muslim women. In March 2017, over 1 million Indian Muslims had signed a petition to end triple talaq.
The petition was started by the Muslim Rashtriya Manch which is an Islamic organization. The petitioners had given evidence showing how Triple talaq does not have much to do with Quranic beliefs. They were supported by the interpretation of Quranic text by many Islamic scholars, historical evidence,etc.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017.
The Government led by Narendra Modi had formulated a bill and introduced it in the Parliament over 100 cases of triple talaq in the country since the Supreme Court’s judgement in August 2017. On 28th December 2017, the Lok Sabha had passed The Muslim Women Bill 2017.
The bill make triple talaq in any form spoken in writing or orally and by electronic means like e-mails, SMS and WhatsApp as illegal with up to three years jail for their husbands. Many MPs (Member of Parliaments) from RJD, AIMIM, BJD, AIADMK,etc had opposed the bill by opposing it as faulty proposal, while Congress Party had supported the Bill which was tabled in the Lok Sabha by central law minister Ravi Shankar Prasad. Almost19 Amendments were passed in the Lok Sabha, but theyall were rejected.
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018
The government issued an ordinance to make the Triple Talaq practice illegal and void.
The provisions of the ordinance are as follows:
- Triple talaq remains cognizable with a maximum of three years imprisonment with a fine.
- Only complaint to the police by the wife or her relatives will be recognized.
- The offence is non-bailable. A Magistrate and the police cannot grant a bail. Bail can be granted only after hearing the wife’s report .
- Custody of the minor children will go to mother after their marriage.
- Maintenance allowance will decided by the magistrate to the wives.
The ordinance by government was cleared by the President on 19th September, 2018.
“Triple Talaq Bill Passed By Parliament 2019“
The Muslim Women (Protection of Rights on Marriage) Bill, 2018
On 17th December 208,The government introduced a fresh bill in the lok sabha for replacing the ordinance. The provisions of these bill are given below:
- All declaration of triple talaq, including in written or electronic form, are said to be as illegal.
- Triple talaq remains as offence with a three years imprisonment and a fine. The amount of fine is decided by the magistrate.
- The offence will be cognisable only if the information is given by the wife or her relatives.
- The offence is non-bailable. There is a provision that only the Magistrate may grant the bail. The bail may be granted only after hearing the wife statement.
- The wife receiving the practice is only entitled to subsistence allowance. The amount is decided by the District Magistrate.
- The wife is entitled to get custody of her minor children from the marriage.
- The offence may be compounded and settle the dispute by the Magistrate after the request of the woman (against whom talaq has been declared).
The bill were passed by Lok Sabha on 27th December 2018 and the bill remained stuck in the Rajya Sabha due to its opposition by other opposition.
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019
As the 2018 triple talaq ordinance was to expire on 22nd January 2019 and also the triple talaq bill could not be passed in the rajya sabha, the central government has repromulgated the triple talaq ordinance in January 2019. On 12th January 2019, The Indian President Ram Nath Kovind approved the 2019 Ordinance.
The Muslim Women (Protection of Rights on Marriage) Bill, 2019
The ordinance for triple talaq in 2019 were to be expired on 29th August 2019. However, the central government newly introduced a fresh bill in the lok sabha on 21st June 2019 to replace this ordinance.
After many debates by party leaders and MP’s, The bill was passed by Lok Sabha on 25th July 2019 and then it passed by Rajya Sabha on 30th July 2019 due to majority by 99-84.Many political leaders and MP’s walkout from the Rajya Sabha during the passing of bill.
Now, The bill will sent to the Indian President Ram Nath Kovind for his assent. After that these bill will enjoy all over India