Muslim Women (Protection of Rights on Marriage) Act, 2019
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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.[1] The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.[2][3]
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The Muslim Women (Protection of Rights on Marriage) Act, 2019 | |
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Lok Sabha | |
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Citation | Act No. 20 of 2019 |
Territorial extent | India |
Considered by | Parliament of India |
Enacted by | Lok Sabha |
Enacted by | Rajya Sabha |
Assented to | 31 July 2019 |
Commenced | 19 September 2018 |
First chamber: Lok Sabha | |
Bill citation | Bill No. 247 of 2019 |
Introduced by | Ravi Shankar Prasad (Ministry of Law and Justice) |
Status: In force |
In December 2017, citing the Supreme Court judgment and cases of triple talaq in India,[4] the government introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2017.[5] 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.[5] The bill was passed by the Lok Sabha, the lower house of the Parliament of India, on the same day,[6] but was stalled by the opposition in the Rajya Sabha, the upper house.[7]
The bill was reintroduced and passed by the Lok Sabha and by the Rajya Sabha in July 2019.[8][9] 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.[10] It was subsequently notified as law in the same month. The acts stands to be retrospectively effective from 19 September 2018.[11]
However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums.[12]