Q6. Critically analyze the legislative intent and core provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019.
- Introduction & Context
For decades, Muslim women in India suffered under the arbitrary practice of Talaq-e-Biddat (Instant Triple Talaq), where a husband could irrevocably divorce his wife by uttering “Talaq” three times in a single sitting.
- Judicial Prelude: Shayara Bano v. Union of India (2017)
In this landmark judgment, a 5-judge Constitution Bench of the Supreme Court struck down the practice of Talaq-e-Biddat by a 3:2 majority. The Court held the practice to be manifestly arbitrary, contrary to the basic tenets of the Quran, and violative of Article 14 (Right to Equality) of the Constitution. The Court directed Parliament to legislate on the matter.
- Legislative Intent
The 2019 Act was passed to protect the rights of married Muslim women, to prohibit divorce by pronouncing Talaq-e-Biddat, and to provide for matters connected therewith.
- Salient Features of the 2019 Act
- Declaration of Voidability (Section 3): The Act unequivocally declares that any pronouncement of talaq by a Muslim husband upon his wife, by words (spoken or written) or in electronic form (SMS, WhatsApp, Email), shall be void and illegal.
- Criminalization (Section 4): It makes the pronouncement of Triple Talaq a cognizable and non-bailable offense. A husband who commits this act shall be punished with imprisonment for a term which may extend to 3 years and shall also be liable to a fine.
- Protection of the Wife’s Rights:
- Section 5 (Subsistence Allowance): A married Muslim woman upon whom talaq is pronounced is entitled to receive an amount of subsistence allowance for herself and dependent children as determined by the Magistrate.
- Section 6 (Custody): The woman is legally entitled to seek custody of her minor children, determined by the Magistrate.
- Conclusion
The Act marks a significant shift from traditional interpretations of Hanafi law to a modern, codified standard of gender justice within the framework of Indian constitutional morality.