COURSE – BBA LLB

LAW
ASSIGNMENT 1
TOPIC- TRIPLE TALAQ

Supervisior- MS Lata Mam

Submitted by-Ariba malik
Roll no-1
 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to
my LAW teacher MS LATA MAM who gave me the golden
opportunity to do this wonderful project on the topic
TRIPLE TALAQ which also helped me in doing a lot of
research and I came to know about so many new things.
I am really thankfull to them.
I am making this project to increase my knowledge not
only for marks.
THANK YOU
MUSLIM WOMEN (PROTECTION OF
RIGHTS ON MARRIAGE ) ACT 2019

INTRODUCTION
The Muslim Women (Protection of Rights on Marriage)
Act, 2019 is an Act of the Parliament of India criminalising
triple talaq. In August 2017 the Supreme Court of India
declared triple talaq, which enables Muslim men to
instantly divorce their wives, to be unconstitutional.
STATUTORY PROVISION
 Any pronouncement of talaq by a Muslim
husband upon his wife, by words, either spoken
or written or in electronic form or in any other
manner whatsoever, shall be void and illegal.
 Any Muslim husband who pronounces talaq
upon his wife shall be punished with
imprisonment for a term which may extend to
three years, and shall also be liable to fine.
 A married Muslim woman upon whom talaq is
pronounced shall be entitled to receive from her
husband such amount of subsistence allowance,
for her and dependent children, as may be
determined by the Magistrate.
 A married Muslim woman shall be entitled to
custody of her minor children in the event of
pronouncement of talaq by her husband, in such
manner as may be determined by the Magistrate.
 An offence punishable under this Act shall be
cognizable, if information relating to the
commission of the offence is given to an officer
in charge of a police station by the married
Muslim woman upon whom talaq is pronounced
or any person related to her by blood or
marriage;
 An offence punishable under this Act shall be
compoundable, at the instance of the married
Muslim woman upon whom talaq is pronounced
with the permission of the Magistrate, on such
terms and conditions as he may determine;
 No person accused of an offence punishable
under this Act shall be released on bail unless the
Magistrate, on an application filed by the
accused and after hearing the married Muslim
woman upon whom talaq is pronounced, is
satisfied that there are reasonable grounds for
granting bail to such person.
 ANALYSIS
An Act to protect the rights of
married Muslim women and to
prohibit divorce by pronouncing
talaq by their husbands and to
provide for matters connected
therewith or incidental thereto.
Act No. 20 of
Citation 2019
Territorial
India
extent
Parliament of
Considered by India
Enacted by Lok Sabha
Enacted by Rajya Sabha
Assented to 31 July 2019
19 September
Commenced 2018
Bill No. 247 of
Bill citation2019
Ravi Shankar
Prasad (Ministry
Introduced by of Law and
Justice)
The 2017 bill was passed by the Lok Sabha on 27
December 2018. However, in the Rajya Sabha the
opposition demanded it to be sent to the Standing
Committee. As the bill stood not passed in the
parliamentary session, an ordinance which had made the
bill operative, expired on 22 January 2019. The
government re-promulgated an identical bill on 10
January 2019. This bill was passed in the Lok Sabha but
was again stalled in the Rajya Sabha. The bill lapsed
again when the Parliamentary session adjourned sine die
in April 2019.
The Muslim Women (Protection of Rights on Marriage)
Ordinance, 2019 was to expire on 29 August 2019, six
weeks after start of parliamentary session, post the 2019
Indian general elections. The government introduced a
new bill in the Lok Sabha on 21 June 2019. It was passed
by the Lok Sabha on 25 July 2019 and by the Rajya Sabha
on 30 July 2019. The bill was assented to by the
President, Ram Nath Kovind, on 31 July 2019. It was
subsequently notified in the gazette on the same day. The
act is retrospectively effective from 19 September 2018.
The Muslim Women (Protection of Rights on
Marriage) Bill, 2017
The government had formulated the bill claiming 100
cases of instant triple talaq, since the Supreme Court
judgement in August 2017 prohibiting triple talaq in
India. On 28 December 2017, the Lok Sabha had passed
the Muslim Women (Protection of Rights on Marriage)
Bill, 2017. The bill proposed to make triple talaq in any
form — spoken, in writing or by electronic means such as
email, SMS and instant messengers illegal and void, with
up to three years imprisonment for the husband who
pronounces triple talaq.The Communist Party of India
(Marxist), Rashtriya Janata Dal, All India Majlis-e-
Ittehadul Muslimeen, Biju Janata Dal, All India Anna
Dravida Munnetra Kazhagam and Indian Union Muslim
League opposed the bill, calling it arbitrary and faulty,
while the Indian National Congress supported the bill.
The Muslim Women (Protection of Rights on
Marriage) Bill, 2018
Later, the Muslim Women (Protection of Rights on
Marriage) Bill (2018) was proposed which intended to
protect Muslim women. The bill was passed in 2018 and
2019 by the Lok Sabha, but lapsed after not being passed
by the Rajya Sabha.
On 19 September 2018, noting that the practice of instant
triple talaq had continued unabated despite the 2017
judicial mandate, the government issued The Muslim
Women (Protection of Rights on Marriage) Ordinance,
2018. An ordinance introduced into the Indian parliament
lapses if either the Parliament does not approve it within
six weeks of reassembly, or if disapproving resolutions
are passed by both houses. Hence, a new bill named The
Muslim Women (Protection of Rights on Marriage) Bill,
2018 was introduced in the Lok Sabha by Union Law
Minister, Ravi Shankar Prasad.
The Muslim Women (Protection of Rights on
Marriage) Ordinance, 2019
As the triple talaq ordinance of 2018 was to expire on 22
January 2019 and also because The Muslim Women
(Protection of Rights on Marriage) Bill, 2018 could not be
passed, the government repromulgated the ordinance on
10 January 2019. On 12 January 2019, the president
approved the 2019 ordinance.
The Muslim Women (Protection of Rights on
Marriage) Act, 2019
The Muslim Women (Protection of Rights on Marriage)
Ordinance, 2019 was repealed on 31st July, 2019 when
the bill was passed by both houses of the legislature, Lok
Sabha and Rajya Sabha, and was notified by the President
of India in the official gazette, and thus became an Act of
Parliament. The Act has 8 sections.
 CONCLUSION
The use and status of triple talaq in India has
been a subject of controversy and debate.
On 30 July 2019, the Parliament of India declared
the practice of Triple Talaq illegal and
unconstitutional, and made it a punishable act from
1 August 2019 which is deemed to be in effect from
19 September 2019.

SUGGESTION
If the government wants Muslim men to be afraid of
Muslim women, then it should give women education,
jobs, security and safety. They should empower women to
argue and oppose their oppression in their homes. But the
government is not interested in taking this course.
 REFERENCE
Wikipedia
Google
Live law
Bbc
The Hindu