3) The Muslim Women (Protection of Rights on Marriage) Bill, 2017 in its current form has many procedural and legal infirmities. Examine the statement in light of the Supreme Court verdict in Shayara Bano case
- April 10, 2018
- Posted by: INSIGHTS
- Category: INSIGHTS
Topic: mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections; Government policies and interventions for development in various sectors and issues arising out of their design and implementation
3) The Muslim Women (Protection of Rights on Marriage) Bill, 2017 in its current form has many procedural and legal infirmities. Examine the statement in light of the Supreme Court verdict in Shayara Bano case. (250 Words)
Why this question
- Triple Talaq has been in the news for the longest time. The Bill has caused some controversy. WIth the recent tumultuous session of the Parliament coming to a close, it is important to be critically examine the important bills that were discussed/passed/not passed.
Key demand of the question
- The question is asking us to examine the procedural and legal aspects of the bill in light of the SC verdict in Triple Talaq verdict. Essentially we have to contrast the legal and procedural aspects of the bill with the SC judgment on Triple Talaq. We also need to examine whether these aspects of the Bill are in line with the principles enshrined in Constitution and SC’s verdicts in the past. Legal here means the validity of law (principles therein) and procedural refers to the validity of the procedures to implement the law.
- Examine – In this case we have to probe deeper into the legal and procedural aspects of the Bill and examine it in light of the SC verdict in Shayara Bano case. The SC verdict has to be contrasted/compared with the provisions of the Bill, it has to be seen if the guiding principles of the verdict is carried forward in the Bill. We also need to bring out whether these provisions of the Bill are in sync with the Constitution and past SC judgments.
Structure of the answer
Introduction- Mention about the Triple Talaq issue and the overall debates that are being discussed about the Bill.
Body– Can divide into 2 parts – Legal and Procedural
- Comparison with SC verdict (major portion)
- Examine against constitutional principles and past verdicts
- Whether procedures in line with PNJ
- Whether procedures in line with those specified in the Triple Talaq verdict
Conclusion- Mention that the Bill needs to be refined through debates and discussions in Parliament.
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