Table of Contents
THE CONTEXT: The Supreme Court of India made a significant ruling stating that a divorced Muslim woman has the right to request support from her husband according to Section 125 of the Code of Criminal Procedure (CrPC). Justices BV Nagarathna and A G Masih delivered this verdict, representing progress from the Shah Bano case in 1985, which supported women’s rights and advancing gender equality.
THE ISSUES:
- Legal discrimination against Muslim women: Women belonging to the Muslim community have faced legal biases regarding marriage and family matters because of outdated and unorganized personal laws. As a result, they find themselves in a position without legal safeguards.
- The tension between personal and secular laws: In a democracy, there is a continuous discussion about the balance between respecting laws and promoting gender equality. It’s essential not to amalgamate customs with preserving cultural diversity.
- Resistance to reform from conservative clergy: The dominant conservative Muslim clergy have resisted reforms to personal laws, dismissing calls for change as Western influence or serving a Hindutva agenda. This has impeded progress on Muslim women’s rights.
- Lack of government action: The successive governments are criticized for not fulfilling their constitutional obligation to enable Muslim women to attain legal parity with women of other religions through reformed personal laws.
- Religious polarization impacting reforms: The current era of religious polarization has complicated efforts for reform. While some welcome progressive judgments, others view them as an attack on Muslim identity, making it challenging to build consensus on women’s rights issues within the community.
THE WAY FORWARD:
- Codification and Reform of Personal Laws: Personal and Muslim personal laws should be reformed and codified to ensure they align with constitutional principles of equality and justice. In the Shayara Bano case, the Court declared the practice of instant triple talaq unconstitutional, highlighting the need for gender justice.
- Implementation of Uniform Civil Code (UCC): A UCC would provide a single set of laws governing marriage, divorce, maintenance, and inheritance for all citizens, irrespective of religion. The Supreme Court has often called for the implementation of a UCC to ensure gender justice. In the Sarla Mudgal case, the Court urged the government to move towards a UCC to prevent discrimination against women.
- Strengthening Legal Awareness and Access: Increase legal awareness among Muslim women about their rights and provide better access to legal recourse. Article 39A of the Indian Constitution mandates the provision of free legal aid to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities.
- Judicial Oversight and Interpretation: Ensure that judicial interpretations of personal laws are consistent with constitutional values and principles of gender justice. The Supreme Court has used its powers under Article 13 to strike down discriminatory practices in personal laws, as seen in the Shayara Bano case and the recent judgment allowing Muslim women to seek maintenance under Section 125 of the CrPC.
- Community Engagement and Reform from Within: Engage with the Muslim community to promote internal reforms and ensure that personal laws reflect Islam’s true spirit of equality and justice. Articles 25 and 26 of the Indian Constitution guarantee the freedom of religion and the right to manage religious affairs. However, these rights are subject to public order, morality, and health and do not protect practices that violate fundamental rights.
THE CONCLUSION:
The Supreme Court’s ruling is a progressive stride towards ensuring legal parity for Muslim women, transcending religious boundaries to uphold their fundamental rights. By affirming that maintenance is a right and not charity, the judgment paves the way for a more inclusive and just society where the rights of vulnerable minority women are protected and respected.
UPSC PAST YEAR QUESTIONS:
Q.1 Can the National Commission for Women strategize and tackle the problems women face in both public and private spheres? Give reasons in support of your answer. 2017
Q.2 Though women in post-independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchial.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu? 2021
Q.3 What are the continued challenges for women in India against time and space? 2019
Q.4 The women’s movement in India has not addressed the issues of women of lower social strata. Substantiate your view. 2018
MAINS PRACTICE QUESTION:
Q.1 Considering the recent Supreme Court judgment affirming the right of divorced Muslim women to seek maintenance under Section 125 of the Criminal Procedure Code (CrPC), critically analyze the evolution of legal rights for Muslim women in India.
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