Secular Remedy for Muslim Women in India
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Questions and Answers

What does the Supreme Court of India clarify regarding Muslim women seeking maintenance?

  • They must only seek maintenance through personal law.
  • They have to follow the provisions of the 1986 Act strictly.
  • They are barred from seeking maintenance under the CrPC.
  • They are allowed to seek maintenance under the CrPC. (correct)
  • What was a significant outcome of the Muslim Women (Protection of Rights on Divorce) Act, 1986?

  • It declared all CrPC provisions unconstitutional.
  • It barred all Muslim women from seeking maintenance.
  • It enforced maintenance laws only for Hindu women.
  • It nullified a Court judgment in the Shah Bano case. (correct)
  • What did the Constitution Bench do in 2001 regarding the 1986 Act?

  • Enforced the Act strictly.
  • Upheld the Act by reading it down. (correct)
  • Declared the Act invalid.
  • Nullified the Act entirely.
  • According to Justice Masih, how should the personal law provision and the secular remedy for seeking maintenance exist?

    <p>In parallel, in their distinct domains</p> Signup and view all the answers

    What social purpose does the CrPC provision for maintenance aim to achieve, according to Justice Nagarathna?

    <p>To prevent vagrancy among women.</p> Signup and view all the answers

    What does the latest verdict by the Bench of Justices Nagarathna and Masih settle?

    <p>Muslim women can seek maintenance under both personal law and the CrPC.</p> Signup and view all the answers

    What does the verdict by the Supreme Court aim to achieve regarding Muslim women's rights?

    <p>To secularize access to maintenance remedies.</p> Signup and view all the answers

    What was the reaction to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986?

    <p>It was criticized for undermining secularism.</p> Signup and view all the answers

    What significant clarification did the Supreme Court of India make regarding Muslim women's right to maintenance?

    <p>They can invoke the secular remedy of seeking maintenance under the CrPC.</p> Signup and view all the answers

    When was the Muslim Women (Protection of Rights on Divorce) Act enacted?

    <p>1986</p> Signup and view all the answers

    Which section of the CrPC allows a divorced woman to apply for maintenance from a magistrate?

    <p>Section 125</p> Signup and view all the answers

    What does the 1986 Act codify regarding a Muslim woman's rights?

    <p>Her rights including maintenance during Iddat, a dignified life until remarry, and return of mehr and dowry</p> Signup and view all the answers

    Who were the judges involved in the latest Supreme Court verdict on Muslim women's right to maintenance?

    <p>Justice B.V. Nagarathna and Justice Augustine George Masih</p> Signup and view all the answers

    Which case allowed a divorced Muslim woman to apply for maintenance from a magistrate under Section 125 of the CrPC?

    <p>Shah Bano case</p> Signup and view all the answers

    What is Justice Masih's view on the relationship between the 1986 Act and the CrPC?

    <p>Both can be invoked in parallel in their distinct domains.</p> Signup and view all the answers

    What does Justice Nagarathna emphasize about the provision for maintenance in the CrPC?

    <p>It aims to prevent vagrancy among women.</p> Signup and view all the answers

    What was a significant criticism of the 1986 Act?

    <p>It undermined the country's secular ethos.</p> Signup and view all the answers

    What does the term 'harmonious interpretation' refer to in the context of the Supreme Court's verdict?

    <p>Interpreting laws to expand and balance rights</p> Signup and view all the answers

    Study Notes

    Secular Remedy for Muslim Women

    • The Supreme Court of India has clarified that a divorced Muslim woman can seek maintenance under the Code of Criminal Procedure (CrPC).
    • The Muslim Women (Protection of Rights on Divorce) Act, 1986, was enacted to restrict Muslim women's relief to what is allowed in Muslim personal law alone.
    • The 1986 Act was upheld by a Constitution Bench in 2001, but with the condition that it would not foreclose the secular remedy for Muslim women.
    • The latest verdict settles the dispute between Section 3 of the 1986 Act and Section 125 of CrPC, holding that both provisions can exist in parallel.
    • The 1986 Act codifies a Muslim woman's rights, including maintenance during the Iddat period, provision for a dignified life until she remarries, and return of mehr and dowry.
    • The CrPC can be invoked by a woman if she is unable to maintain herself, while the 1986 Act makes it a Muslim husband's obligation to provide for his divorced wife and her children up to a certain point.
    • The verdict is an example of harmonious interpretation to expand the scope of rights and secularize access to remedies.

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    Description

    This quiz explores the legal rights of Muslim women in India, specifically regarding maintenance and divorce. It covers the Supreme Court's clarification on seeking maintenance under the Code of Criminal Procedure and the Muslim Women (Protection of Rights on Divorce) Act, 1986.

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