In a landmark judgment, the Supreme Court has ruled that a divorced Muslim woman can seek alimony from her husband under Section 125 of the Code of Criminal Procedure (CrPC). This significant verdict by Justices BV Nagarathna and A G Masih dismissed a husband’s petition challenging a Telangana High Court directive to pay his ex-wife monthly maintenance of Rs 20,000 after their divorce.
This decision marks a progressive step towards the inclusion of vulnerable minority women citizens.
Historically, Muslim women have faced legal discrimination in marriage and family matters due to the absence of reformed and codified personal laws.
The judgment echoes the importance of upholding diversity and pluralism in a secular democracy, emphasising that unjust patriarchal practices should not be confused with cultural diversity.
Section 125 of the CrPC, in existence since 1973, mandates maintenance for divorced women. The Quran also emphasises the need for maintenance post-divorce. However, husbands often seek loopholes, as evidenced in the Shah Bano case. In 1985, Shah Bano’s husband refused to pay court-granted maintenance, leading to a national controversy.
The conservative clergy and other leaders opposed the imposition of secular laws on Muslims, viewing it as interference in Shariat and a violation of minority rights. Under pressure, the Rajiv Gandhi-led government overturned the ruling through legislation and enacted a separate Shariat-compliant law for the maintenance of divorced Muslim women.
Despite seven decades since Independence, no government had enabled Muslim women to achieve legal parity with their Hindu and Christian counterparts, who benefit from reformed personal laws. The archaic Shariat Application Act of 1937, governing Indian Muslims, leaves many personal law matters to arbitrary interpretations, often resulting in unjust practices.
Muslim marriage, being a contract, should theoretically empower women. However, many women lack awareness of their rights and do not possess a copy of their nikahnama. The dominant conservative clergy resisted reforms, claiming that Islam granted rights to women 1,400 years ago. Yet, these rights are often inaccessible in practice and calls for reform are dismissed as Western or Hindutva influences.
In an era of religious polarisation, the condition of Muslim women is sometimes used to negatively portray the community. Many Muslims live in fear and insecurity, potentially overshadowing the appreciation of this progressive verdict. Nonetheless, there is a growing consciousness about rights within the community. The movement against instant triple talaq, supported by many, highlighted that such practices lack Quranic sanction.
While patriarchy remains entrenched, an enabling legal framework can support women seeking justice. The Supreme Court’s 2017 outlawing of instant triple talaq was a significant step towards legal equality for Muslim women. This recent judgment further advances their rights, with Justice Nagarathna emphasising that maintenance is not charity but a fundamental right transcending religious boundaries.
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