Indian Supreme Court reaffirms Muslim women’s right to maintenance: Echoes of Shah Bano case

On Wednesday, the Supreme Court of India reiterated a significant legal precedent by affirming that a Muslim woman can seek maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC), reviving memories of the landmark 1985 Shah Bano Begum case. This recent judgment underscores the ongoing relevance of the debate over the entitlement of Muslim women to maintenance under secular laws.

The contentious issue surfaced prominently in 1985 when the Constitution Bench’s decision in Mohd Ahmed Khan vs. Shah Bano Begum unanimously ruled that Muslim women are entitled to maintenance beyond the ‘iddat’ period (three months post-divorce), sparking a political and social maelstrom. The verdict highlighted the obligations of a Muslim husband towards his divorced wife, creating widespread controversy and political maneuvering at the time.

The then central government, led by Rajiv Gandhi, initially supported the verdict but reversed its stance following protests from the Muslim clergy and the Personal Law Board. This led to the resignation of Arif Mohammad Khan, then a Union minister who later became the governor of Kerala. To address the fallout, the government enacted the Muslim Women (Protection of Rights on Divorce) Act of 1986, which aimed to clarify the entitlements of a divorced Muslim woman.

Justices B V Nagarathna and Augustine George Masih highlighted that the Shah Bano judgment extensively dealt with the maintenance obligations of a Muslim husband. They noted, “The bench unanimously held that the obligation of such a husband would not be affected by the existence of any personal law in this regard, and the independent remedy for seeking maintenance under Section 125 of CrPC 1973 is always available.”

Furthermore, the court observed that in cases where there might be a conflict between secular and personal law provisions regarding maintenance, Section 125 of the CrPC would have an overriding effect. This aspect of the ruling is pivotal as it reinforces the supremacy of secular law over personal law in cases of maintenance disputes.

The Shah Bano case also touched upon the broader implications for gender equality and the need for a Uniform Civil Code (UCC) to address disparities in personal laws across different communities. While the 1986 Act sought to limit the scope of maintenance after divorce, the constitutional validity of this act was upheld by the apex court in the 2001 case of Danial Latifi, which somewhat tempered its effects by ensuring some level of support for divorced Muslim women.

This latest ruling by the Supreme Court not only reiterates the rights of Muslim women under secular law but also highlights the persistent complexities and challenges within India’s legal framework regarding personal laws and gender equality. It calls for a continued dialogue and possibly further legal reforms to ensure that the rights of all citizens, irrespective of gender or religion, are upheld uniformly.