Bills were introduced in Lok Sabha on 21st June 2019

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 12] ubZ fnYyh] 'kqØokj] twu 21] 2019@T;s"B 31] 1941 ¼'kd½ No. 12] NEW DELHI, FRIDAY, JUNE 21, 2019/JYAISTHA 31, 1941 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 21st June, 2019:— BILL NO.82 OF 2019 A Bill to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Short title, Act, 2019. extent and commencement. (2) It shall extend to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 19th day of September, 2018. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000; 21 of 2000.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Magistrate" means a Judicial Magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where the married 2 of 1974. Muslim woman resides; and (c) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband. CHAPTER II DECLARATION OF TALAQ TO BE VOID AND ILLEGAL Talaq to be 3. Any pronouncement of talaq by a Muslim husband upon his wife, by words, void and either spoken or written or in electronic form or in any other manner whatsoever, shall be illegal. void and illegal. Punishment 4. Any Muslim husband who pronounces talaq referred to in section 3 upon his wife for shall be punished with imprisonment for a term which may extend to three years, and shall pronouncing also be liable to fine. talaq. CHAPTER III PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN Subsistence 5. Without prejudice to the generality of the provisions contained in any other law for allowance. the time being in force, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate. Custody of 6. Notwithstanding anything contained in any other law for the time being in force, a minor married Muslim woman shall be entitled to custody of her minor children in the event of children. pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate. Offence to be 7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— 2 of 1974. cognizable, compoundable, (a) an offence punishable under this Act shall be cognizable, if information etc. relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage; (b) an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine; (c) no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person. Repeal and 8. (1) The Muslim Women (Protection of Rights on Marriage) Second savings. Ordinance, 2019 is hereby repealed. Ord. 4 of 2019. (2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, shall be deemed to Ord. 4 of have been done or taken under the provisions of this Act. 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 STATEMENT OF OBJECTS AND REASONS The Supreme Court in the matter of Shayara Bano Vs. Union of India and others and other connected matters, on the 22nd August, 2017, in a majority judgment of 3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain Muslim husbands to divorce their wives. This judgment gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation. 2. The petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said practice is discriminatory and against dignity of women. The judgment vindicated the position taken by the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution. The All India Muslim Personal Law Board (AIMPLB), which was the 7th respondent in the above case, in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on the same. They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice. 3. In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce. Therefore, to protect the rights of married Muslim women who are being divorced by triple talaq, a Bill, namely, the Muslim Women (Protection of Rights on Marriage) Bill, 2017, was introduced in, and passed by, the Lok Sabha on the 28th December, 2017 and was pending in Rajya Sabha. 4. The aforesaid Bill proposed to declare the practice of triple talaq as void and illegal and made it an offence punishable with imprisonment up to three years and fine, and triable by a Judicial Magistrate of the first class. It was also proposed to provide subsistence allowance to married Muslim women and dependent children and also for the custody of minor children. The Bill further provided to make the offence cognizable and non-bailable. However, apprehensions have been raised in and outside Parliament regarding the provisions of the pending Bill which enables any person to give information to an officer in charge of a police station to take cognizance of the offence and making the offence non-bailable. 5. In order to address the above concerns, it has been decided to make the offence cognizable, if the iniformation relating to the commission of an offence is given to an officer in charge of a police station by the married Muslim women upon whom talaq is pronounced or any person related to her by blood or marriage. It was also decided to make the offence non-bailable and compoundable at the instance of the married Muslim woman with the permission of the Magistrate, on such terms and conditions as he may determine. 6. As the Bill was pending for consideration in Rajya Sabha and the practice of divorce by triple talaq (i.e., talaq-e-biddat) was continuing, there was an urgent need to take immediate action to prevent such practice by making stringent provisions in the law. Since both Houses of Parliament were not in session and circumstances existed which render it necessary for the President to take immediate action in the matter, the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 (Ord. 7 of 2018), with aforesaid changes was promulgated on the 19th September, 2018.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 7. In order to replace the said Ordinance, the Muslim Women (Protection of Rights on Marriage) Bill, 2018 was introduced in Lok Sabha on the 17th December, 2018 and was passed by that House on the 27th December, 2018. However, the Bill could not be taken up for consideration in Rajya Sabha and both Houses were adjourned. As both Houses of Parliament were not in session and the practice of divorce by triple talaq (i.e. talaq-e-biddat) was continuing, to give continued effect to the provisions of the aforesaid Ordinance, the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 (Ord. 1 of 2019) was promulgated on the 12th January, 2019. 8. Subsequently, to replace the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, necessary official amendments to the Muslim Women (Protection of Rights on Marriage) Bill, 2018 were moved in Rajya Sabha. However, the Bill could not be taken up for consideration in Rajya Sabha and both Houses were adjourned. Since both Houses of Parliament were not in session, to give continued effect to the provisions of the aforesaid Ordinance, the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019) was promulgated on the 21st February, 2019. Thereafter, the Sixteenth Lok Sabha was dissolved on the 25th May, 2019 and the Muslim Women (Protection of Rights on Marriage) Bill, 2017 and the Muslim Women (Protection of Rights on Marriage) Bill, 2018 pending in Rajya Sabha lapsed. 9. Accordingly, to replace the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, the Muslim Women (Protection of Rights on Marriage) Bill, 2019 is being introduced in Parliament. 10. The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment. 11. The Bill seeks to replace the aforesaid Ordinance. NEW DELHI; RAVI SHANKAR PRASAD. The 14th June, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 BILL NO.83 OF 2019 A BILL further to amend the Homoeopathy Central Council Act, 1973. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Homoeopathy Central Council (Amendment) Short title and Act, 2019. commencement. (2) It shall come into force on the 2nd day of March, 2019. 59 of 1973. 2. In section 3A of the Homoeopathy Central Council Act, 1973, in sub-section (2), for Amendment of the words "within a period of one year", the words "within a period of two years" shall be section 3A. substituted. Ord. 11 of 3. (1) The Homoeopathy Central Council (Amendment) Ordinance, 2019 is hereby Repeal and 2019. repealed. savings. (2) Notwithstanding such repeal, anything done or any action taken under the 59 of 1973. Homoeopathy Central Council Act, 1973, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said Act as amended by this Act.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 2] STATEMENT OF OBJECTS AND REASONS The Homoeopathy Central Council Act, 1973 (59 of 1973) was enacted to provide for the constitution of a Central Council of Homoeopathy to deal with the education and practice of Homoeopathy. In order to ensure transparency and to improve the quality and functioning of the colleges governed under the said Act, the Central Government has initiated certain important steps including promoting the use of information technology in colleges. The Central Council of Homoeopathy had failed in its responsibilities and not cooperated wilfully with the Central Government in carrying out its duties in the manner that is required to safeguard the standard of education and practice of Homoeopathy system of medicine. Therefore, the Central Council of Homoeopathy was superseded by promulgating the Homoeopathy Central Council (Amendment) Ordinance, 2018 and the Board of Governors was constituted in its place on 18th May, 2018 for a period of one year or till a new Central Council of Homoeopathy was reconstituted. The said Ordinance was replaced by the Homoeopathy Central Council (Amendment) Act, 2018 (23 of 2018). 2. The Central Council of Homoeopathy could not be reconstituted within a period of one year as the State Registers of Homoeopathy were not updated for conducting elections to elect members to the Central Council of Homoeopathy. Further, with a view to supersede the Central Council of Homoeopathy and to repeal the Homoeopathy Central Council Act, 1973, the Central Government had introduced the National Commission for Homoeopathy Bill, 2019 in Rajya Sabha on 7th January, 2019, which was subsequently referred to the Department related-Parliamentary Standing Committee on Health and Family Welfare. Therefore, the period of one year for reconstitution of the Central Council of Homoeopathy was required to be extended to two years so that the Board of Governors could continue to perform the functions of the Central Council of Homoeopathy. 3. As the Parliament was not in session and there was a need for urgent legislation in this regard, the President promulgated the Homoeopathy Central Council (Amendment) Ordinance, 2019 (11 of 2019) on the 2nd day of March, 2019. 4. It is, therefore, proposed to introduce the Homoeopathy Central Council (Amendment) Bill, 2019, to replace the Homoeopathy Central Council (Amendment) Ordinance, 2019 which, inter alia, provides for extending the period for reconstitution of the Central Council of Homoeopathy from one year to two years. 5. The Bill seeks to achieve the aforesaid objectives. NEW DELHI; SHRIPAD YESSO NAIK. The 17th June, 2019. ———— SNEHLATA SHRIVASTAVA Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—750GI—11-07-2019.