File photo: Supreme Court of India
The recent Supreme Court verdict allowing Muslim women to claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure (Cr.PC) and the Protection of Muslim Women in Divorce Act, 1986, marks a turning point in the struggle for women's rights in India. This decision not only promises financial stability for divorced Muslim women but also reinforces constitutional principles of gender equality and secularism. However, its actual impact will depend greatly on enforcement and societal attitudes.
Muslim women in India have faced significant legal and societal challenges in the past. The fight for their rights gained widespread attention in the 1985 Shah Bano case, when the Supreme Court awarded maintenance payments to a divorced Muslim woman. The backlash from conservative groups led to the passage of the Muslim Women (Protection of Rights on Divorce) Act in 1986, which many criticised for undermining the rights of Muslim women by restricting their entitlement to maintenance. The recent Supreme Court judgement corrects this historic wrong by stating unequivocally that Section 125 of Cr. PC applies to all women, irrespective of their religion.
This is a crucial affirmation of secular laws that go beyond personal religious precepts and ensure that all women receive equal protection under the law. In doing so, the court has prioritized women's constitutional rights over religious considerations and set a precedent for future cases. This decision also reflects the growing awareness and activism of Muslim women in India. In recent years, Muslim women have been at the forefront of significant movements, from protests against triple talaq to participating in nationwide protests such as those in Shaheen Bagh. These movements underscore their determination to fight for their rights and demand equality.
The Supreme Court's verdict is a recognition of their efforts and struggle and gives them further courage to continue their fight. However, the verdict alone is not enough. The effective enforcement of this verdict is essential to ensure that Muslim women can claim their rightful maintenance without facing harassment or exploitation by their families or ex-husbands. It is imperative to create mechanisms to protect women from such attacks and provide them with the support they need to navigate the legal process. In addition, there is an urgent need to address the societal stigma attached to divorced women in a patriarchal society. Although divorced women gain financial security through maintenance, they are often judged harshly and labelled as opportunists or “gold diggers”.
Recognizing the unpaid work of housewives and valuing their contributions is a step in the right direction. The Supreme Court's recognition of the often unpaid and unrecognized work done by women is significant. Women's work in the home – cooking, cleaning, caring for children and elderly family members – feeds families and supports the economy. By granting women the right to claim maintenance, the Court has recognized the value of this work and the sacrifices made by housewives. This judgment vindicates the struggle of women like Shah Bano and underscores the importance of continuing the fight for gender equality.
Comments are closed.