The Muslim Women (Protection of Rights on Marriage) Act, 2019

 ABSTRACT

The Indian parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, to protect the rights of Muslim women when they get married. The act makes it illegal for Muslim men to divorce their wives by saying the word "talaq" three times in quick succession, which is called "instant triple talaq." The act says that Muslim men who do this could go to jail for up to three years. It also says that it is a "cognizable offence," which means that the police can arrest the man without a warrant. The act also says that Muslim women who get a divorce, no matter how it happened, will get child support and will get to keep their young children. The act has been the subject of a lot of debate in India. Some people say it is necessary to protect the rights of Muslim women, while others say it gets in the way of the Muslim community's religious practises.

KEYWORDS

Muslim Women, Protection of Rights, Instant Triple Talaq, Divorce, Gender Parity, Legal Protection, Discrimination, Women's Rights

INTRODUCTION

The Muslim Women (Protection of Rights on Marriage) Act, 2019, is an important law that the Indian parliament passed to protect the rights of Muslim women when they get married. Before this act was passed, Muslim men could divorce their wives by saying the word "talaq" three times in quick succession. The wife had no legal rights or way to fight the divorce. This practise, which is called "instant triple talaq," has been a problem for Muslim women in India for a long time and has been the subject of many debates and talks.

The Act tries to deal with this problem by making instant triple talaq a crime and giving Muslim women who have been divorced through this practise legal protection. The Act also says that Muslim women who get divorced will get child support and will get to keep their young children. This law is seen as a big step towards giving Muslim women in India more power and making sure they don't have to deal with unfair and arbitrary marriage and divorce rules.

But the Act has also caused controversy and debate. Some people say that it interferes with the religious practises of Muslims and that making instant triple talaq a crime could lead to more harassment of Muslim men. Still, the passage of this law is a big step forward in India's ongoing fight for gender equality and women's rights, especially for Muslim women.

RESEARCH QUESTIONS

1. What impact has The Muslim Women (Protection of Rights on Marriage) Act, 2019 had on the lives of Muslim women in India?
2. What are the challenges faced in the implementation of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and how can they be addressed?

RESEARCH OBJECTIVES

To understand the significance and impact of The Muslim Women (Protection of Rights on Marriage) Act, 2019 in protecting the rights of Muslim women in India and promoting gender equality.

RESEARCH METHODOLOGY

The author collected data from the act, as well as secondary sources that provide context such as various articles and websites. The author then compiled the information and presented it. 

LITERATURE REVIEW

The Muslim Women (Protection of Rights on Marriage) Act, 2019 has been widely discussed in academic and non-academic literature. Most of the literature supports the Act, highlighting its importance in protecting the rights of Muslim women and promoting gender equality. Some critics have raised concerns about the Act's potential impact on religious freedom and the possibility of false allegations, but overall the literature shows that the Act is a significant step towards achieving justice and equality for Muslim women in India.

The Muslim Women (Protection of Rights on Marriage) Act, 2019

The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an important piece of legislation that was recently passed by the government of India with the intention of protecting the rights of Muslim women. The practise of instant triple talaq, a form of divorce in which a Muslim man can unilaterally dissolve his marriage by uttering the word "talaq" three times, without any legal process or the consent of his wife, has been made illegal by this Act. Those who engage in this practise are subject to incarceration as well as fines under the provisions of the Act.

The practise of instant triple talaq has been a contentious issue in India, with many women's rights activists and Muslim women themselves arguing that it is discriminatory and violates their fundamental rights to equality, dignity, and justice. The debate has centred on whether or not the practise should be banned. In 2017, the Supreme Court of India ruled that the practise of instant triple talaq violated the country's constitution, but there was no legislation in place to put this ruling into effect. The Muslim Women (Protection of Rights on Marriage) Act, 2019 was recently enacted by the Indian Parliament in order to remedy this situation and offer Muslim women the protection they are entitled to under the law.

Because the Act classifies instant triple talaq as a cognizable offence, the police are authorised to make an arrest of the accused even in the absence of a court order. Those who engage in this practise are subject to a maximum sentence of three years in prison as well as a fine under the provisions of this law. The Act grants Muslim women custody of their children and further empowers them to seek maintenance from their husbands after a divorce. Additionally, it grants them custody of their children.

Women's rights activists and Muslim women in India, who have been fighting for a long time to have legal protection against the practise of instant triple talaq, have voiced their support for the Act and given it widespread praise. The Act is widely regarded as a significant advance towards achieving gender parity and enhancing the agency of Muslim women. It is believed that the Act will help in ending the practise of instant triple talaq and will also send a clear message to society that discriminatory practises like instant triple talaq will not be tolerated in a modern democratic society. Additionally, it is believed that the Act will help in ending the practise of instant triple talaq.

On the other hand, the Act has also been met with opposition from certain quarters, which argue that it violates the right to religious freedom of Muslim men and is discriminatory towards Muslim men. Concerns have also been raised regarding the possibility that Muslim women will take advantage of the Act in order to make unfounded allegations of instant triple talaq against their husbands. In spite of these criticisms, the Act represents a significant achievement in India's ongoing fight for gender equality and the protection of women's rights.

Additionally, the Act ensures that women of Muslim faith are afforded the same legal protections and civil liberties as women of other religions and are treated equally under the law. The Act also gives women the ability to seek legal support and assistance from the state in the event that they are subjected to any kind of harassment or discrimination after the divorce has been finalised. After the dissolution of their marriages, Muslim women are protected from being abandoned to fend for themselves by this provision.

It is also seen as a step towards modernising the Muslim Personal Law in India, which is still governed by age-old customs and traditions. This Act is seen as a step towards modernising the Muslim Personal Law in India. It is anticipated that the Act will raise consciousness among members of the Muslim community regarding the requirement to revise the Personal Law in order to bring it in line with the contemporary principles of justice and equality.

The Muslim Women (Protection of Rights on Marriage) Act, 2019 is a significant legislative reform aimed at protecting the rights of Muslim women in India. The act was passed into law in 2019. The Act makes it a crime for Muslim men and women to engage in the practise of instant triple talaq and affords Muslim women legal protection. The Act represents a significant advance towards achieving gender parity and enhancing the agency of Muslim women. Additionally, the Act ensures that women of Muslim faith are afforded the same legal protections and civil liberties as women of other religions and are treated equally under the law. In spite of the fact that it was met with resistance, the Act was a significant step forward in India's ongoing fight to ensure that women's rights are respected and that gender equality is achieved.

CONCLUSION

The Muslim Women (Protection of Rights on Marriage) Act, 2019 is a significant step towards ensuring gender justice and protecting the rights of Muslim women in India. The act is scheduled to go into effect on January 1, 2020. The practise of instant divorce, also known as "triple talaq," is made illegal by this act, which also addresses issues related to the maintenance and custody of minor children. In spite of the fact that the law has drawn both praise and criticism, it nonetheless represents a significant step towards putting an end to the discrimination and vulnerability that Muslim women have faced as a result of the practise of triple talaq. In general, the act is a significant step towards achieving gender equality and advancing the cause of women's empowerment in India, which are both important goals.