India is a democratic country assuring equal protection and rights of every citizen before law. Unfortunately on a real fact check most of the citizens of India faces different types of discrimination in every walk of life. Though there are several plans and projects from the Government to maintain equality between men and women many of women are still facing challenges based on gender inequality on various aspects and religion plays an important role in restricting women to achieve their personal likes and goals. Women belong to the Muslim community right from time immemorial were subject to several discrimination on basis of religion or religious rituals and custom and most married women’s plight was always vulnerable as she could only act or live a life according to her husband or other male members of a family. In order to protect her rights as woman and as a human being to live a life with dignity The Muslim women Rights (Protection on marriage) Act 2019 was enacted on 31st July with Three chapters and 8 sections.
The main objective of the act is to protect a married woman’s right from the talaq or divorce by her husband as in the Muslim community divorce can be done unilaterally by the husband even in the absence of his wife pronouncing the word Talaq thrice. In a progressive society such practice is always considered as barbaric or primitive method of curtailing the rights and freedom of a woman. More over such inhumane practice would inflict mental agony than a physical injury on a woman.
According to chapter of the act of Talaq in any form including verbal, writing or in any electronic form is declared void and illegal and any husband who would act contrary will be penalized for a term extending to a period of three years and with fine.
Chapter three provides detailed description of the protection of rights of a divorced woman subject to any existing laws other than the provisions of this act in section 5, 6, and 7. According to section 5 of the act a divorced muslin woman is always entitled to receive subsistence allowance from her husband and for children if any subject to the order pronounced by the Judicial Magistrate.
As per section 6 of the act a divorced Muslim women is also eligible to take custody of her minor children subject to the conditions and manner decided by the Judicial Magistrate.
Section 7 of the act deals with the cognizance of the offence of the Talaq and its punishment if a compliant is forwarded by a divorced woman on talaq to the police officer in charge of a the concerned police station. The bail is granted for the accused who made divorce on pronouncing talaq on reasonable grounds only if such grounds are satisfied by the Judicial Magistrate. Section 8 is the repeal and saving clause of the act.
Though the act is concise the brief sections enumerates all possible legal protection undoubtedly for the divorced Muslim woman.
