New Bill passed on three divorces in Lok Sabha

Context


The government introduced a new bill on the three divorces (Divorce-e-Biddat) in the Lok Sabha on December 27. This bill was debated and after the boycott of the opposition, the Lok Sabha passed it. This bill has been renamed as Muslim Women (Marriage Rights Protection) Bill, 2018 i.e. Muslim Women (Protection of Rights on Marriage) Bill, 2018. In this bill, provision of punishment has also been made in such cases with protection from Muslim women (Triple Talaq). Only after passage from the Rajya Sabha, this bill will replace the Muslim woman (Protection of Marriage Rights Ordinance) Ordinance, 2018.

Why was the bill brought again?


The Muslim Women (Protection of Marriage Rights Protection) Bill was passed in the Lok Sabha in December 2017, but it was not passed in the Rajya Sabha. After this, the government issued an ordinance on the issue which the President had approved. Now the Government has introduced a new Muslim woman (marriage rights protection) Bill, 2018 Lok Sabha, which was passed. Some opposition parties had demanded that the bill be handed over to the Joint Select Committee, which the government rejected. Now this bill will be introduced in the Rajya Sabha for discussion, where the government is in a minority.

What is special in this bill?

  • The case of three divorce is considered a punishable offense, which can be punished upto 3 years.
  • The magistrate will have the right to seek reconciliation and bail after listening to the victim's side.
  • After hearing the case of the victim, the magistrate can give bail to the accused.
  • The victim can register an FIR in the police regarding his blood related and marriage.
  • If there is a mutual agreement between husband and wife then the victim can withdraw the case filed against her husband.
  • The magistrate will have the right to maintain marriage by compromising between husband and wife.
  • At one time the victim of three divorced women will also be entitled to compensation given by the Magistrate.
  • According to section 3 of this bill, it is illegal and illegal to say three divorces together with written or any electronic method.

Divorce-e-bidtat


Three divorces are called 'Divorce-e-Bidhat'. This is also called 'instant divorce' or oral divorce. In this the husband says three times in a row ... Divorce-divorce-divorce If both husband and wife agree to divorce each other, then it is valid. But it has been seen that only about 100 per cent of the cases involves only the husband's consent. It has not been recognized in Shari'a. 

What is the Supreme Court's view on three divorces?

  • The three divorced customs in the Muslim society of India give the husband the right to terminate his marriage with a wife three times at once.
  • Five women who had three divorce cases appealed to the Supreme Court in 2016.
  • A 5-member Special Bench was formed for the hearing of the three divorce cases.
  • In the Supreme Court, the central government opposed three divorces on the basis of gender equality and secularism.
  • The Supreme Court declares three divorces against unconstitutional and fundamental principles of the Koran while announcing in August 2017. The bench of 5 judges gave this decision by 3 votes compared to 2.
  • The Supreme Court described it as a violation of Article 14 and 21 of the Indian Constitution which gives equal rights to all citizens.
Terminating the three divorces, the apex court  citing the 2002  Shamim Ara case, said that it is not mentioned in the Quran. And what is not right according to religion, how can it be legitimate? In the case of Shamim Ara, 'three divorces' was also not considered. In addition, in the Supreme Court, the Dissolution of Muslim Marriage Act, 1939 was challenged by saying that this law has failed to save Muslim women from polygamy.
  • The apex court asked the government to make a law in this regard. After the Supreme Court's decision, the central government brought the Muslim woman (Protection of Marriage Rights Protection) Bill.
  • This bill was passed in the Lok Sabha in December 2017, but got stuck in the Rajya Sabha.
  • After this, in September 2018, the government issued an ordinance to ban three divorces.
  • In this ordinance, there is a provision of imposing three years of jail and fines, while declaring three divorces as an offense.

What is the Select Committee?


Parliament constitutes several types of parliamentary committees to settle its affairs. There are two types of parliamentary committees: ad hoc and permanent. The Ad Hoc Committee is constituted for a particular purpose, and such a committee only works till it does not hand over the report to the House by completing its work in this case. The work of the Standing Committee is pre-decided. There are many types of permanent committees such as the Public Accounts Committee, Estimates Committee, Privilege Committee etc. Apart from these there are also many other types of standing committees. There are two types of ad hoc committees in the form of the Select Committee and the Joint Committee, and they have to consider the bills introduced in the House.
Famous poet Faiz Ahmad Faiz had said a Njhm of the women who had speaking ... "saying that clubs are free to you, speaking Jhuba far thee ..." . It is also true to an extent. Today, the level of consciousness and education in Muslim women has increased. They started to understand the misery of exploitation in the name of religion. The courage to fight for rights and social reforms has come in them. The proposed law on three divorces is of course a 'legal reform', which is only a small part of social reforms ... and any social change i.e., the reform happens only after passing through a comprehensive process.


Source: The Hindu, The Indian Express

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