Daily current Affair January 2019
The Muslim Women (Protection of Rights on Marriage) Bill, 2018
By Sandeep Nagyaan · 05 Jan 2019
Reference:- Before some time the Lok Sabha has passed The Muslim Women (Protection of Rights on Marriage) Bill, 2018 but after two days the Upper house Rajya Sabha has declined the bill again.
Background of the Bill :-
This case dated 2016 in which the Supreme Court had sought the help from Attorney General Mukul Rohatgi in case of Triple Talak, Nikah Halaka and Polygamy in Muslim community. It was the discrimination for the Muslim Women. The government was said to SC that the upper court can be Cognition on this tradition. After that the SC setup a 5 judges constitutional bench for this case. March 2017 this case get the political speed when the All India Muslim Personal Law Board (AIMPLB) said to the SC is that the triple talak case is out of judiciary so therefore court should not touched it.
Provisions in this bill:-
1. The bill declare all types of Talak in Muslim community including( Written or electronic form).
2.It define a particular definition of Talak-e-Biddat; it is a personal tradition in Muslim community.
3. The Bill declaration three years punishment with fine to the offender( in which a police officer can be arrest the an accused person without any warrant)
4. The offence will be cognizable when victim or blood or marriage related person inform to the police.
5. In this bill magistrate can grant the bail but after Hearing the victim women. And when the magistrate will be satisfied from the women then he will grant the bail to accused.
6. The offence may be compounded by the Magistrate upon the request of the woman.
7. The victim women can be demand the allowance from her husband to herself and the independent children’s.
8. The women entitled the custody of her children but the manner of the custody will be determine by the magistrate.