100 |
INFOCUS
men have greater power of decision-making.”
The government has set up a ministerial committee to consider a legislation to put an end to instantaneous triple talaq.
What does the Bill say? It makes the pronouncement of talaq-e-biddat“ void and illegal.” According to clause 3 of the Bill,“ Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.”
What is the proposed punitive measure? A man who pronounces talaq on his wife will be punished with a jail term and a fine. This Bill also makes the pronouncement of talaq-ebiddat a non-bailable offence.
Clause 4 of the Bill states,“ Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.”
|
Clause 7 says,“ an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the Code.”( The Code of Criminal Procedure, 1973)
How does this protect Muslim women’ s rights? The woman upon whom talaq is pronounced will have to receive an allowance from her husband, and she retains custody of her children.
Clauses 5 and 6 of the Bill say,“ 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,” and“ shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband.”
Law Minister Ravi Shankar Prasad, in the statement of objects and reasons attached to the Bill says that this legislation will,“ help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.”
|
Tripple Talaq Bill introduced in Lok Sabha: In a majority 3:2 judgement The Supreme Court of India set aside tripple talaq as a“ manifestly arbitrary” practice. The Muslim women( protection of rights on marriage) bill, 2017 was introduced in the Lok Sabha in Dec 2017. Law Minister Ravi Shankar Prasad called the“ Muslim Women( Protection Of Rights On Marriage) Bill” an attempt to deliver justice and respect for women, and not about any religion or community. There was no real discussion and the government’ s brute majority in the Lower House ensured that the Bill took only a few hours for it to be passed. Some details of the bill include:
Ø The bill covers instant divorce or other similar form of divorce having the effect of“ instantaneous and irrevocable divorce pronounced by a Muslim husband”.
|
WWW. WISHESH. NET | FEBRUARY 2018 |