Secular Remedy for Muslim Women in India

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.

NEET Transparency

• The government must ensure greater transparency in NEET.

International Relations

• Commentators in the West believe that Moscow and Beijing cannot be expected to become responsible stakeholders within a rules-based international order.
• The Third Plenum of China's 20th Party Congress may signify a shift in policy and a change in direction for China.
• There is a lingering hope for a possible thaw in the region, but pessimism is rife in the West.

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.