{"id":50629,"date":"2019-07-27T15:56:33","date_gmt":"2019-07-27T10:26:33","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=50629"},"modified":"2019-07-27T15:56:42","modified_gmt":"2019-07-27T10:26:42","slug":"answered-the-muslim-women-protection-of-rights-on-marriage-bill-2019-is-a-much-needed-step-for-women-empowerment-discuss","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-the-muslim-women-protection-of-rights-on-marriage-bill-2019-is-a-much-needed-step-for-women-empowerment-discuss\/","title":{"rendered":"[Answered] \u201cThe Muslim Women (Protection of Rights on Marriage) Bill, 2019 is a much needed step for women empowerment.\u201d Discuss."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>Import features of the bill. Why bill is important for women?
Conclusion. <\/strong>Conclusion. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

The Muslim Women (Protection of Rights on Marriage) Bill, 2019 makes declaration of talaq, including the written or electronic form, to be void and illegal.  Talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man results in instant and irrevocable divorce.  Talaq-e-biddat refers to the practice under Muslim personal laws where utterance of the word \u2018talaq\u2019 thrice by a Muslim man to his wife results in an instant and irrevocable divorce.<\/p>\n\n\n\n

Some Important provisions of the bill:<\/strong><\/p>\n\n\n\n

  1. The Bill makes declaration of talaq\na cognizable offence. <\/li>
  2. The Bill provides that the\nMagistrate may grant bail to the accused. The bail may be granted only after\nhearing the victim woman and if the Magistrate is satisfied that there are\nreasonable grounds for granting bail.<\/li>
  3. Muslim woman against whom talaq has\nbeen declared, is entitled to seek subsistence allowance from her husband for\nherself and for her dependent children. \nThe amount of the allowance will be determined by the Magistrate.<\/li>
  4. Muslim woman against whom such talaq\nhas been declared, is entitled to seek custody of her minor children. The\nmanner of custody will be determined by the Magistrate.<\/li><\/ol>\n\n\n\n

    A much needed step for women empowerment:<\/strong><\/p>\n\n\n\n

    1. The proposed Bill will protect the rights\nof women to live a life of dignity. Instant triple talaq is violative of\nArticle 14 and 21 of the Indian Constitution.<\/li>
    2. It provides the rights of\nsubsistence allowance, ensuring women\u2019s economic rights<\/li>
    3. It will put an end to the suffering\nof Muslim women who have been at the receiving end of instant talaq for several\nyears therefore leading to justice for Muslim women.<\/li>
    4. It will end gender discrimination\nfaced by women in case of divorce, where only men was empowered to give instant\ntalaq, thereby leading to gender equality.<\/li>
    5. It is a step towards uniform civil\ncode as mentioned in Article 44 (directive principles) of the constitution and\nwill ensure secularism.<\/li>
    6. The penal measure acts as a\n\u201cnecessary deterrent\u201d and will strengthen women\u2019s confidence to raise their\nvoice against other discriminatory practices. Muslim women will not fear of\ntalaq while raising voice.<\/li>
    7. It will help in making civil society\nmore sensitive towards women while recognising the rights of women.<\/li>
    8. Muslim Women will be empowered to\naccess the opportunities available to them without fear and restriction of talaq.<\/li>
    9. It will allow Muslim women to participate\nin decision making related to her children and her life which was earlier\ncurbed through fear of talaq.<\/li><\/ol>\n\n\n\n

      Some issues in the bill:<\/strong><\/p>\n\n\n\n

      1. No\neconomic and socio-legal support is provided by the government in the Bill to\nwomen, children and other dependents, when the men are put behind bars.<\/li>
      2. The\npronouncement of triple talaq having no legal consequences on the marriage\nmeans that such a proclamation by a Muslim man is essentially a desertion of\nthe wife.<\/li>
      3.  Subsistence allowance is not defined and is\nopen to interpretation.<\/li>
      4. The Bill\nallows for the aggrieved woman as well as anyone related to her by blood or\nmarriage to be the complainant. There is no provision for a relative to seek\nthe consent of an aggrieved woman before filing a complain.<\/li>
      5. The\nterms of imprisonment up to three years is arbitrary and excessive. <\/li><\/ol>\n\n\n\n

        Women empowerment provide power to women over their own lives contributing to the society, and in their communities freely. The Muslim Women (Protection of Rights on Marriage) Bill, 2019 ensure this by removing fears, restrictions and empowering women by giving them their rights. But bill should be more clear wrt some provisions to prevent legal loopholes.<\/p>\n","protected":false},"excerpt":{"rendered":"

        Demand of the question Introduction. Contextual Introduction. Body. Import features of the bill. Why bill is important for women? Conclusion. Conclusion. The Muslim Women (Protection of Rights on Marriage) Bill, 2019 makes declaration of talaq, including the written or electronic form, to be void and illegal.  Talaq as talaq-e-biddat or any other similar form of… Continue reading [Answered] \u201cThe Muslim Women (Protection of Rights on Marriage) Bill, 2019 is a much needed step for women empowerment.\u201d Discuss.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-50629","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/50629","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=50629"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/50629\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=50629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}