Muslim Women Rights Day – Know in Details about Protection of Rights on Marriage Act Here!

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In today’s blog we will be talking about the Muslim Women Rights Day. This historic day is celebrated to mark the anniversary of the passage of Muslim Women (Protection of Rights on Marriage) Act, 2019. The law declared triple talaq a criminal offence. We will discuss in detail about the law and its various aspects.

Muslim Women (Protection of Rights on Marriage) Act, 2019

• The bill was introduced in Lok Sabha by Mr. Ravi Prasad, Minister of Law and Justice on June 21, 2019.
• All talaq declarations, whether written or electronic, are void (i.e., not enforceable in law) and prohibited under the Act.
• It also makes a declaration of talaq a cognizable offence, punishable by up to three years in prison and a fine. The offence will be cognizable, if information relevant to the offence is submitted by a married woman against whom talaq has been pronounced.
• A Muslim woman who has been subjected to talaq has the right to ask her husband for a subsistence allowance for herself and her dependent children.
• The magistrate may issue bail to the accused under Section 7 sub clause (c) of the Act. Bail may be granted only after the magistrate has heard from the women who have been pronounced talaq and is convinced that there are legitimate grounds for giving bail.
• The offence may be compounded (that is, the parties may reach an agreement) by the Magistrate at the woman’s request (against whom talaq has been declared).
• The Rajya Sabha passed the Bill with 99 votes in favour and 84 against it.

Triple Talaq

The practice of triple talaq is prevalent among India’s Muslim community who follow the Hanafi Islamic school of law.

According to the practice, a Muslim male can divorce his wife by simply saying “talaq” three times. However, women are unable to speak triple talaq and must seek divorce under the Sharia Act of 1937.

Significance of the Bill

The Triple Talaq gave privilege to Muslim men over their wives. India’s 90 million Muslim women were under the threat of an oral and out-of-court divorce.

The Bill was necessary to strengthen women’s rights and their self-respect. The bill is a step toward achieving gender equality and promoting Muslim women’s constitutional, fundamental, and democratic rights.

Muslim Women Rights Day 2021

• On the second anniversary of Bill, celebrations were held by Union Minority Affairs Minister Mukhtar Abbas Naqvi. WCD (Women and Child Development) Minister Smriti Irani and Environment Minister Bhupendra Yadav were also present.
• According to the Minority Affairs Ministry there has been a significant fall in the number of cases of Triple Talaq after the law was passed.
• As per government data there has been a fall in the cases by 80 percent. Number of registered cases before 2019 in Uttar Pradesh was 63,400 which now are 281. Rajasthan and Haryana also saw reduction in the cases.

Triple Talaq in other nations

Apart from India, Egypt was the first country to abolish this social disease in 1929, followed by Sudan, Pakistan, Malaysia, Bangladesh, Iraq, and Syria (1953). 

It was prohibited several years ago in the UAE, Morocco, Cyprus, Iran, Jordan, Brunei, Algeria, and Qatar.

With this we come to the end of this blog. We discussed in detail about the historic day which is celebrated as Muslim Women Rights Day in India. We explained what Triple Talaq is and the significance of the bill abolishing it.

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