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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 21] NEW DELHI, MONDAY, DECEMBER 17, 2018/AGRAHAYANA 26, 1940 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

REGISTERED NO. DL—(N)04/0007/2003—18

LOK SABHA

————

The following Bill was introduced in Lok Sabha on 17th December, 2018:—

BILL NO. 181 OF 2018

A Bill to protect the rights of married Muslim women and to prohibit divorce by

pronouncing talaq by their husbands and to provide for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Muslim Women (Protection of Rights on Marriage)

Act, 2018.

(2) It shall extend to the whole of India, except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force on the 19th September, 2018.

Short title,

extent and

commencement.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. In this Act, unless the context otherwise requires,—

(a) ‘‘electronic form’’ shall have the same meaning as assigned to it in

clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000;

(b) ‘‘Magistrate’’ means a Judicial Magistrate of the first class exercising

jurisdiction under the Code of Criminal Procedure, 1973, in the area where the

married Muslim woman resides; and

the effect of instantaneous and irrevocable divorce pronounced by a Muslim

husband.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3. Any pronouncement of talaq by a Muslim husband upon his wife, by words,

either spoken or written or in electronic form or in any other manner whatsoever, shall be

void and illegal.

4. Any Muslim husband who 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

shall also be liable to fine.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5. Without prejudice to the generality of the provisions contained in any other law

for the time being in force, 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, as may be determined by the Magistrate.

6. Notwithstanding anything contained in any other law for the time being in force,

a married Muslim woman shall be entitled to custody of her minor children in the event of

pronouncement of talaq by her husband, in such manner as may be determined by the

Magistrate.

7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—

(a) an offence punishable under this Act shall be cognizable, if information

relating to the commission of the offence is given to an officer in charge of a police

station by the married Muslim woman upon whom talaq is pronounced or any

person related to her by blood or marriage;

(b) an offence punishable under this Act shall be compoundable, at the instance

of the married Muslim woman upon whom talaq is pronounced with the permission

of the Magistrate, on such terms and conditions as he may determine;

on bail unless the Magistrate, on an application filed by the accused and after hearing

the married Muslim woman upon whom talaq is pronounced, is satisfied that there

are reasonable grounds for granting bail to such person.

8. (1) The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, is

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said

Ordinance shall be deemed to have been done or taken under the provisions of this Act.

Definitions.

21 of 2000.

Talaq to be

void and

illegal.

Punishment for

pronouncing

talaq.

Custody of

minor children.

Subsistence

allowance.

Offence to be

cognizable,

compoundable,

etc.

2 of 1974.

Repeal and

savings.

Ord. 7

of 2018.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Supreme Court in the matter of Shayara Bano Vs. Union of India and others and

other connected matters, on 22nd August, 2017, in a majority judgment of 3:2, 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 judgment gave a boost to liberate

Indian Muslim women from the age-old practice of capricious and whimsical method of

divorce, by some Muslim men, leaving no room for reconciliation.

2. The petitioner in the above said case challenged, inter alia, talaq-e-biddat on the

ground that the said practice is discriminatory and against dignity of women. The judgment

vindicated the position taken by the Government that talaq-e-biddat is against constitutional

moraility, 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), which was the 7th respondent in the above case, 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.

3. In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of

AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts

of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not

worked as any deterrent in bringing down the number of divorces by this practice among

certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the

order of the Supreme Court and to redress the grievances of victims of illegal divorce.

4. 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 necessary to give

some relief to them. Therefore, to protect the rights of married Muslim women who are

being divorced by triple talaq, a Bill, namely, the Muslim Women (Protection of Rights on

Marriage) Bill, 2017, was introduced in, and passed by, the Lok Sabha on the 28th December,

2017 and is pending in Rajya Sabha.

5. The aforesaid Bill proposed to declare the practice of triple talaq as void and illegal

and made it an offence punishable with imprisonment up to three years and fine, and triable

by a Judicial Magistrate of the first class. It was also proposed to provide subsistence

allowance to married Muslim women and dependent children and also for the custody of

minor children. The Bill further provided to make the offence cognizable and non-bailable.

6. Apprehensions have been raised in and outside Parliament regarding the provisions

of the pending Bill which enables any person to give information to an officer

in-charge of a police station to take cognizance of the offence and making the offence

non-bailable.

7. In order to address the above concerns, it has been decided to make the offence

cognizable, if the information relating to the commission of an offence is given to an officer

in-charge of a police station by the married Mulsim women upon whom talaq is pronounced

or any person related to her by blood or marriage. It is also decided to make the offence

non-bailable and compoundable at the instance of the married Muslim woman with the

permission of the Magistrate, on such terms and conditions as he may determine.

8. As the Bill is pending for consideration in Rajya Sabha and the practice of divorce

by triple talaq (i.e., talaq-e-biddat) was continuing, there was an urgent need to take

immediate action to prevent such practice by making stringent provisions in the law. Since

both Houses of Parliament were not in session and circumstances exist which render it

necessary for the President to take immediate action in the matter, the Muslim Women

(Protection of Rights on Marriage) Ordinance, 2018, with aforesaid changes was promulgated

on the 19th September, 2018.

9. Accordingly, to replace the said Ordinance, the Muslim Women (Protection of Rights

on Marriage) Bill, 2018 is being introduced in Parliament.

10. The 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 of non-discrimination and empowerment.

11. The Bill seeks to achieve the above objectives.

NEW DELHI;

RAVI SHANKAR PRASAD.

The 10th December, 2018.

MGIPMRND—2555GI(S3)—18-12-2018.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

————

SNEHLATA SHRIVASTAVA

Secretary General

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.12.21

18:06:21 +05'30'