Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694874656602.pdf (India)
MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT NEW DELHI LEGISLATIVE NOTE For the use of Members of Parliament NOT FOR PUBLICATION NO.

1/LN/REF/FEB/2018 THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017 Prepared by Shri B. Phani Kumar, Additional Director (23034536) and Smt.

Minakshi Sharma, Deputy Director of Lok Sabha Secretariat under Shri C.N.

Sathyanathan, Director.

the supervision of Smt.


Kalpana Sharma, Joint Secretary and The Legislative Note is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication.

This Service is not to be quoted as the source of information as it is based on the sources indicated at the end/in the context.
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) 1 BILL, 2017 Background On 22August, 2017, the Supreme Court through a verdict in Shayara Bano vs Union of India and others set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain Muslim husbands to divorce their wives.

This judgement helps to protect the interest of Indian Muslim women from the age-old practice of divorce, by some Muslim men, leaving no room for reconciliation.
The judgement vindicated the position taken by the Government that talaq- e-biddat is against constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution.

The All India Muslim Personal Law Board (AIMPLB), in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on the same.
They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice.

In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there were reports of divorce by way of talaq-e-biddat from different parts of the country.

In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation was felt necessary to give some relief to them.
1 The Bill was introduced in Lok Sabha on 28.12.2017 by the Minister of Law and Justice; and Minister of Electronics and Information Technolgy, Shri Ravi Shankar Prasad.

It was passed in the Lok Sabha on the same day.

The Motion for Consideration of the Bill was moved in the Rajya Sabha was moved by Shri Ravii Shankar Prasad, the Minister of Law and Justice, and Minister of Electronics and Information Technology on 3 January 2018.
Shri Anand Sharma and Shri Sukhendu Sekher Ray moved Amendments for reference of the Bill to a Select Committee of the Rajya Sabha.

The Bill is pending in Rajya Sabha.

2 Accordingly, the Muslim Women (Protection of Rights on Marriage) Bill, 2017, was introduced in the Lok Sabha on 28 December, 2017.
The proposed Legislation would help in ensuring the larger constitutional goals of gender justice and gender equality of married muslim women and help subserve their fundamental rights and non-discrimination and empowerment.
Provisions of the Bill  Talaq to be void and illegal:- Clause 3 of the Bill declares that 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.  Punishment for pronouncing talaq:- Clause 4 of the Bill imposes punishment on any one who pronounces talaq (referred to in Clause 3) upon his wife with imprisonment for a term which may extend to three years and fine.  Subsistence allowance:- Clause 5 entitles a married Muslim woman, upon whom talaq is pronounced, to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.  Custody of minor children:- Clause 6 of the Bill entitles a married Muslim woman to custody of her minor children, in the event of pronouncement of talaq by her husband, in the manner to be decided by the Magistrate.    3  Offences to be cognizable and nonbailable:- Vide Clause 7 pronouncing of Talaq shall be cognizable and non-bailable offence 2 within the meaning of the Code of Criminal Procedure, 1973. Reference:  The Muslim Women (Protection Of Rights On Marriage) Bill, 2017  (http://www.prsindia.org/uploads/media/Muslim%20Women%20(Protection%20of%20Rights%20on%20 Marriage)/Muslim%20Women%20(Protection%20of%20Rights%20on%20Marriage).pdf) 2 The Code of Criminal Procedure, 1973 (Act No.
2 of 1974) vide Section 2(a) & (c) defines "bailable offence" to mean an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence.

"cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.
4 STATEMENT OF OBJECTS AND REASONS The Supreme Court in the matter of Shayara Bano Vs. Union of the practice of time) practiced by certain Muslim husbands to divorce their wives.

India and others and other connected matters, on 22nd August, 2017, in a majority judgement of 3:2, set aside the judgement same of capricious gave a boost to and whimsical method for reconciliation.
Indian Muslim women from the age-old practice of divorce, by some Muslim men, (three pronouncements at one and talaq-e-biddat leaving no liberate talaq, This room of that above said case challenged, inter alia,talaq-e-biddat the said practice the position The petitioner in the the ground judgement vindicated 2. on The against constitutional morality, dignity of women and as also against gender equity guaranteed under the Personal Law Board (AIMPLB), which in their affidavit, inter alia, contended that it was not for the judiciary religious practices such as the same.
They had also submitted to the members of the community against this practice.

is discriminatory and against dignity of women.

is taken by the principles of gender equality, India Muslim the above case, in to decide matters of law on they would issue advisories for in the Supreme Court that Constitution.

The All the Government that talaq-e-biddat, but to make any the legislature was the 7th talaq-e-biddat respondent In spite of 3. of AIMPLB, parts of the country.
It has not worked as any practice among certain Muslims.

It to give effect of illegal divorce.

the Supreme Court setting aside there have been reports of divorce by way of is seen that setting aside talaq-e-biddat by deterrent in bringing down the number is, therefore, felt that to the order of the Supreme Court and to talaq-e-biddat, and the assurance talaq-e-biddat from different the Supreme Court this there is a need for State action redress the grievances of victims of divorces by give them.
The Bill the continued harassment being meted out to talaq-e-biddat, urgent proposes to husbands void and illegal in 4.

In order to prevent married Muslim women due to some relief talaq-e-biddatby Muslim verdict.

Further, the illegal act of offence.

This is essential have any say in severing the marital matters such as subsistence allowance from the supporting needs of the wife, and, also of the dependent minor children.
the hapless is necessary of the Supreme Court a punishable form of divorce, wherein the wife does not for livelihood and daily talaq-e-biddat, event of husband pronouncing children.

The wife would also be entitled to custody of suitable to declare view of talaq-e-biddatshall is also proposed to provide to legislation relationship.
It pronouncement pronouncing prevent this for the husband the be to in The legislation 5. help gender justice and gender equality of married Muslim women and fundamental rights of non-discrimination and empowerment.

ensuring would the in larger Constitutional goals of subserve their help 6.

The Bill seeks to achieve the above objects.

NEW DELHI; THE 15TH DECEMBER, 2017.

RAVI SHANKAR PRASAD.