Without section 3d the indian public would have to

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Without Section 3(d), the Indian public would have to bear the burden of invalidating a bad patent through litigation India is certainly not alone in facing two connected challenges: constrained government budgets and urgent public health needs. As Section 3(d) has been efficient in separating the bad patents from the good in India, it would be a wise move for other developing countries, grappling with similar challenges, to incorporate similar provisions in their law. 12. The Muslim Women (Protection of Rights on Marriage) Bill 2017 is being criticised by many for not having any legal basis. Why do you think that the bill has no legal basis, and is riddled with contradictions? Ans. The Muslim Women (Protection of Rights on Marriage) Bill 2017, is riddled with so many internal contradictions with respect to its purpose. The stated intent of the Bill is “to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands”. Talaq here is defined as “talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce”. The draft law goes on to declare, in Sections 3, 4 and 7, that the “pronouncement” of talaq-e-biddat by a person upon his wife in any form whatsoever “shall be void and illegal”, and whoever “pronounces” such a talaq “shall be punished with imprisonment for a term which may extend to three years and fine”, and the offence would be “cognizable and non-bailable” . This amounts to a gross misreading of the August 2017 Supreme Court judgment which neutralised the legal effect of instant talaq and rendered it bad in law. In other words,
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18 | Page 9004418746 [email protected] the pronouncement of talaq-e-biddat does not dissolve the marriage, and this is the law of the land under Article 141 . But the proposed Bill presumes that the “pronouncement” of talaq-e-biddat can instantaneously and irrevocably dissolve the marriage, and proceeds to “void” it in Section 3. Nonetheless, this begs the question of how after rendering talaq-e-biddat inoperative in Section 3, its nugatory pronouncement can be considered a cognisable and non-bailable offence in Sections 4 and 7. However, the most glaring internal contradiction is found in Sections 5 and 6 which discuss post-divorce issues such as a “subsistence allowance” for the woman upon whom instant talaq “is pronounced” and the “custody of her minor children” as if her marriage is dissolved by the mere pronouncement of talaq-e-biddat. The authors of this Bill talk of post-divorce matters ignoring the fact that the pronouncement (instant talaq) has already been voided in Section 3 and cannot result in a divorce .
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