Legislative Analysis Of “The Muslim Women (Protection Of Rights On Marriage) Act, 2019”
- IJLLR Journal
- Nov 2, 2023
- 1 min read
Aayushi Bhargava, Institute of Law, Nirma University
INTRODUCTION
The Muslim Women (Protection of Rights on Marriage) Act, 2019,2 represents a significant piece of legislation enacted by the Indian government on July 30, 2019. Its primary objective is to safeguard the rights and interests of Muslim women in matters pertaining to marriage. This legislation criminalizes the practice of instantaneous triple talaq, an Islamic divorce method in which a husband utters the words "talaq, talaq, talaq" in a single declaration, thereby terminating his marriage with his wife.
In India before this law, there was no legal protection available to Muslim women in India against this practice, leaving them vulnerable to arbitrary talaq by their husbands. Instantaneous triple talaq is a prohibited under this Act, and those found guilty could face a maximum sentence of three years in prison as well as a possible fine. The Act also provides for the payment of maintenance to the divorced Muslim women by their husbands and for the custody of minor children. It also makes the offense non-bailable, meaning that a person accused of the offense cannot get bail from the court.
The introduction of this Act is seen as a significant step towards gender equality and women's empowerment in India, particularly for Muslim women. Critics of this Act, however, argue that criminalization of instant triple talaq may lead to the further victimization of Muslim men and that the Act does not address other issues faced by Muslim women in matters pertaining to marriage.
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