In a landmark judgment, the Supreme Court has declared that a Muslim woman has the right to claim maintenance from her husband like any other woman under Section 125 of the Criminal Procedure Code. It observed that any discrimination against Muslim women on maintenance issues under the secular laws of the country is regressive and against gender justice. The top court rejected the argument that the provisions of Section 125 are not applicable as there is a personal law on the subject, which is governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986. The top court held that this cannot be a basis for discrimination against a divorced Muslim woman.
The progressive verdict was welcomed by human rights activists and women's groups. Political parties, particularly the BJP, also welcomed the verdict. The Rajiv Gandhi government's decision to enact a law overturning a Supreme Court ruling awarding maintenance to divorced Muslim women was seen as a violation of the Constitution. The Congress also welcomed the latest verdict, but its response was cautious.
Politics aside, the verdict is a historic one for Muslim women's rights. It challenges the oppressive patriarchal interpretations that have restricted individual rights in the name of religion. As the court rightly observed in its verdict, maintenance is an aspect of gender parity and enables equality regardless of religion. The verdict also comes at a time when increasing numbers of Muslim women are seeking protection under India's secular laws.
More and more members of the Muslim community have started registering marriages under the Special Marriage Act (SMA) to bypass certain conditions of the Muslim inheritance law. In Kerala alone, 277 Muslim couples registered their marriages under the SMA last year, an unusually high number. Another encouraging trend in the community is the increasing presence of brides at the wedding ceremony. If brides and traditions do not change with the times, they will be challenged by the bold. That enlightened men from the community have also joined the fight is a ray of hope. The sooner community leaders realise that change is inevitable, the better it will be for the entire community and the secular fabric of the country.
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