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

In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional.

[1] The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.

[2][3] In December 2017, citing the Supreme Court judgment and cases of triple talaq in India,[4] the government introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2017.

Punishment for breach of the law was proposed to include up to three years imprisonment for the husband pronouncing triple talaq.

[18] 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.

[23] On 28 December 2017, the Lok Sabha had passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017.

[30] 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.

Even after five years since Supreme Court’s invalidation of triple talaq, the women petitioners who were abandoned by their husbands, continue to live a life of half-divorcees.