Supreme Court lawyer Indira Jaising, who had appeared for the Bebaak Collective in the Supreme Court on the triple talaq issue, has come up with some concrete suggestions on how the controversial Muslim Women (Protection of Rights on Marriage) Bill, 2017 passed in the Lok Sabha on December 28 may be salvaged.
Jaising suggests deleting the existing clauses 4, 5, 6 and 7 of the Bill and adding a fresh clause 4. Her suggestions ensure the continuing rights of a married Muslim woman while doing away with the clauses in the Bill that criminalise the pronouncement of triple talaq.
If her suggestions are accepted the various clauses of the Bill will read as follows:
CHAPTER I
PRELIMINARY
- (1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2017.
(2) It shall extent to the whole of India except the state of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by Notification in the Official Gazette, appoint.
(No changes suggested in this clause).
- In this Act, unless the context otherwise requires –
- “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;
- “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband; and
- “Magistrate” means a Magistrate of the First class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where a married Muslim woman resides.
(No changes suggested in this clause).
CHAPTER II
Declaration of talaq to be void and illegal
- Any pronouncement of talaq by a person upon his wife, by words, spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
(No changes suggested in this clause).
Jaising suggests deletion of clause 4 which provides for imprisonment up to three years, clause 5 which makes provision for “subsistence allowance” for wife and dependent children, clause 6 which makes provision for the wife being granted custody of minor children and section and clause 7 which makes the pronouncement of triple talaq as cognizable and non-bailable.
Jaising suggests the introduction of a fresh clause 4 to read as follows:
4. (1) If talaq referred to in section 3 of this Act is pronounced against a married Muslim woman, it shall be treated as ‘domestic violence’ as defined in Section 3 of the Protection of Women from Domestic Violence Act, 2005.
(2) A married Muslim woman against whom talaq referred to in Section 3is pronounced shall be entitled to approach the concerned Magistrate under the Protection of Women from Domestic Violence Act, 2005 for enforcement of her rights, in such manner as may be determined by the Magistrate.
Explanation– For the purpose of this sub-section, the rights of a married Muslim woman referred to in Section 3 include but are not limited to, her right to reside in the shared household, custody of her minor children and maintenance for herself and her dependent children.
(3) On the married Muslim woman referred to in Section 3 approaching the Magistrate under the PWDV Act, the Magistrate shall forthwith depute the Protection Officer who shall take all steps to ensure that the married Muslim woman’s rights are secured without any delay.