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Showing posts from August, 2020

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

Its been three years since the landmark judgment (Shayara Bano v. Union of India) holding Triple Talaq unconstitutional was passed by the Supreme Court. Triple Talaq was a form of practice which the men used to divorce their wives verbally by saying the word Talaq three times. The reason for holding this unconstitutional was a violation of fundamental rights under Muslim Law and also the basic principles of the Quran.  After this judgment, a bill called The Muslim Women (Protection of Rights on Marriage) Bill 2017 was introduced by the Indian Government. The bill was proposed to make triple talaq illegal and void. The bill was introduced in the Lok Sabha but delayed by the Rajya Sabha. In July 2019 the bill was reintroduced and passed by the Lok Sabha and Rajya Sabha and then received the assent of the President of India. The Bill was deemed to come into effect retrospectively on 19th September 2018.  The following are the key provisions of the Act: 1. Section 3 - Triple tala...

Right to inherit by Hindu woman granted retrospectively: Supreme Court

As per the Hindu Succession Act of 1956 ("the Act"), only the sons of a Hindu family to inherit their father's property. This provision was cited as discriminatory as it clearly established that daughters had no right to inherit the property even though they were also born in the same house. For more than four decades this law was practiced diligently without any interference.  In 2005, the Parliament amended Section 6 of the Act stating that apart from the son the daughter also has a right to inherit her family's property. The law gave the daughter the same rights in the coparcenary property as the sons of the Hindu family. This law applies to ancestral property and intestate succession. There were many judgments related to this section that conflicted with each other. The confusion was whether the daughter could inherit the property if her father died before 9th September 2005 and this Section did not mention this specifically which led to conflicting judgments. For...

Legal age for women to get married may be revised- says Indian Government

An announcement has been made stating that the Indian government may revise the legal age of marriage for women in India from 18 years to 21 years. This announcement was made in the Budget speech for the year 2020-21. In 1978 the legal age of marriage was increased from 15 years to 18 years as per the amendment to the Sharda Act, 1929, and since that day the legal age has been 18 years. This announcement has been made with regard to the deteriorating health of women due to early motherhood. The decision regarding legal age will be taken after looking into all the things related to early marriage and pregnancy which includes mortality rate and health of the mother and her child. The Hon'ble Prime Minister Mr. Narendra Modi further announced that the Centre has set up a committee for reconsideration of legal age while addressing the nation on 74th Independence Day. The committee set up is the Union Ministry for Women and Child Development which set up a task force for examining impor...