Enumerate the shortfalls in the Muslim Women (Protection of Rights on Marriage) Bill 2017. Also discuss what India could consider from its neighbour, Pakistan’s experience. (200 words)
Refer – The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 7 years
KEY POINTS
Shortfalls
· The proposed Bill presumes that the “pronouncement” of talaq-e-biddat can instantaneously and irrevocably dissolve the marriage, and further proceeds to “void” it.
· This amounts to a gross misreading of the Supreme Court judgment which neutralised the legal effect of instant talaq and rendered that the pronouncement of talaq-e-biddat does not dissolve the marriage.
· The bill renders talaq-e-biddat inoperative, but considered the nugatory pronouncement of talaq a cognisable and non-bailable offence.
· How can a law criminalise an act after conceding that it does not result in a crime?
· The bill also discuss about post-divorce issues such as a “subsistence allowance” and the “custody of minor children”.
· The pronouncement itself has already been voided and cannot result in a divorce. Then, it is absurd to discuss about post-divorce matters.
Pakistan’s experience
· According to Pakistan’s Muslim Family Laws –
· Any man who wishes to divorce his wife shall, after the pronouncement of talaq, give the chairman of the state-appointed Union Council notice in writing of his having done so, with a copy submitted to the wife.
· Within 30 days of receipt of notice, the chairman should constitute an arbitration council that comprises himself and a representative of each of the parties, for the purpose of bringing about reconciliation between the parties.
· And talaq shall not be effective until the expiration of 90 days from the day on which notice is delivered to the chairman.
· If the wife is pregnant at the time of the pronouncement, talaq shall not be effective until the termination of her pregnancy.
· In fact, this law prescribes a simple imprisonment of one year.
· But this is not for the mere “pronouncement” of talaq, as envisaged in the India’s draft law.
· The husband will incur this punishment only when he pronounces talaq with an intention to divorce but fails to inform the chairman and the wife (in writing) about his pronouncement.
