Muslim Women (Protection of Rights on Marriage) Act 2019
Context: The Supreme Court has said there is no bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act 2019.
- It makes the practice of instant divorce through “triple talaq” among Muslims a punishable offence, provided the court hears the complainant woman before granting pre-arrest bail.
- Under the provisions of the Act, a Muslim husband who pronounces “triple talaq” upon his wife can be sentenced to a jail term that may extend to three years.
- A Bench headed by Justice D. Y. Chandrachud referred to the relevant sections of the Act and also the provision of the Code of Criminal Procedure (CrPC), which relates to directions for the grant of bail to a person apprehending arrest.
- On a true and harmonious construction of Section 438 of the CrPC and Section 7(c) of the Act, there is no bar on granting anticipatory bail for an offence committed under the Act, provided that the competent court must hear the married Muslim woman, who has made the complaint, before granting the anticipatory bail.
About Muslim Women (Protection of Rights on Marriage) Act, 2019:
- It 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.
- It 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.
- 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, 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.
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