In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. It asserted that any discrimination against Muslim women in matters of alimony under the secular laws of the country would be regressive and against gender justice. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue covered by the Muslim Women (Protection of Rights on Divorce) Act, 1986. The top court ruled that it cannot be a basis for discriminating against a divorced Muslim woman.
The progressive verdict has been hailed by rights activists and women’s groups. Political parties, especially BJP, have also welcomed the ruling. The Rajiv Gandhi government’s decision to enact a law to overrule a Supreme Court judgement granting alimony to divorced Muslim women was seen as a challenge to the Constitution. The Congress, too, welcomed the latest judgement, but has been guarded in its reaction.
Politics apart, the verdict is a historic one for Muslim women’s rights. It challenges the repressive patriarchal interpretations that have curbed individual rights in the name of religion. As the court rightly said in its judgement, maintenance is a facet of gender parity and an enabler of equality, regardless of religion. It also comes at a time more Muslim women are coming forward to seek protection under India’s secular laws.
More members of the Muslim community have started registering marriages under the Special Marriage Act (SMA) in order to overcome certain conditions imposed by Muslim inheritance law. In Kerala alone, 277 Muslim couples have registered their marriages under the SMA over the past year, an unusually high number. Another welcome trend seen in the community is the increasing presence of brides at the wedding ceremony. If customs and traditions do not change according to the times, they will be defied by the courageous ones. That enlightened men from the community, too, have joined the fight is a silver lining. The sooner community leaders realise that change is inevitable, the better it will be for the whole community and the secular fabric of the country.
