The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community. However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums.
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| - Muslim Women (Protection of Rights on Marriage) Act, 2019 (en)
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| - The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community. However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums. (en)
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long title
| - An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto. (en)
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short title
| - The Muslim Women Act, 2019 (en)
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| - * Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
* Any Muslim husband who pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
* A married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.
* A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
* An offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;
* An offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;
* No person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person. (en)
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| - The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community. In December 2017, citing the Supreme Court judgment and cases of triple talaq in India, the government introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill proposed to make triple talaq in any form—spoken, in writing, or by electronic means—illegal and void. Punishment for breach of the law was proposed to include up to three years imprisonment for the husband pronouncing triple talaq. The bill was passed by the Lok Sabha, the lower house of the Parliament of India, on the same day, but was stalled by the opposition in the Rajya Sabha, the upper house. The bill was reintroduced and passed by the Lok Sabha and by the Rajya Sabha in July 2019. Consequently, the bill received assent of the President of India. The act also entitles an aggrieved woman to demand a maintenance for her dependent children. It was subsequently notified as law in the same month. The acts stands to be retrospectively effective from 19 September 2018. However, even after five years since Supreme Court’s invalidation of triple talaq, the women petitioners who were abandoned by their husbands, continue to live a life of half-divorcees. However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums. (en)
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| - Bill No. 247 of 2019 (en)
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