Legit Reform In India From Shah Bano to Maintenance, how Supreme Court has empowered Muslim women in India
Anjinesh Anjay Shukla
High Court Advocate Chhattisgarh
Anjinesh Anjay Shukla is a right-wing, pro-Hindu legal professional dedicated to navigating the intricate complexities of the litigation world. Despite the personal sacrifices involved, he finds solace in the positive impact he brings to people’s lives. He firmly believes that we are born from Mother Earth and return to her in death to rest in peace. Therefore, we owe all worldly goodness to Mother Earth. Anjinesh feels a deep sense of obligation to Bharat Mata and is keen on serving society, believing there is no better way than being a lawyer. Among his legal achievements is the registration of his case, Anand Mati Yadav v. State of Chhattisgarh, 2019 SCC OnLine Chh 92, in the Supreme Court Cases. Beyond his legal triumphs, Anjinesh’s impactful work includes launching the “Covid Help – Raipur” group across various districts of Chhattisgarh and raising awareness in the remote villages of Chhattisgarh to bust COVID vaccine myths. These community-driven initiatives have been applauded and appreciated on many occasions by senior state dignitaries and have also earned him awards.
Recently in a Special Leave to Appeal (Criminal) (Crl) 1614/2024 against a Judgment of the Telangana High Court In MOHD ABDUL SAMAD Vs. STATE OF TELANGANA, Division bench of Justice BV Nagarathna and Augustine George Masih, held that the law for seeking maintenance would be valid for all Muslim women and not just married women. The Supreme Court also held that the Muslim Women (Protection of Rights on Divorce) Act 1986, passed by the Rajiv Gandhi government in response to its Shah Bano judgment of 1985, will not prevail over secular law. Now, Series of Landmark Judgments that have played an important role in Empowering Muslim women in India.
First would be : GOOLBAI VS NASROSJEE, 1963 This was One of the earlier cases pertaining to the rights of Muslim women, where the court had set guidelines for the legitimacy of marriages under Muslim law, emphasising the essential components of a valid nikah agreement ensuring that Muslim women are not exploited through invalid or forced marriages in the first place.
Second Would Be : SHAH BANO CASE AND THE 1986 LAW BY RAJIV GANDHI GOVERNMENT Shah Bano, a divorced Muslim woman, had filed a suit for maintenance against her husband, Mohammed Ahmed Khan. The Supreme Court ruled in her favour, granting her the right to maintenance under Section 125 of the Criminal Procedure Code (CrPC). This judgment sparked widespread controversy, with some Muslim bodies and clerics arguing that it was in conflict with Islamic law. In response to which, the Rajiv Gandhi government enacted the Muslim Women (Protection of Rights on Divorce) Act 1986. This act restricted the right of Muslim divorcees to alimony from their former husbands for only 90 days after the divorce, known as the iddat period. The Act was seen as discriminatory, as it denied Muslim women the right to basic maintenance available to women under secular law. This Shah Bano case, decided in 1985, was a crucial moment in the history of Muslim women’s rights in India. This The constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act 1986, brought by the Rajiv Gandhi government, was challenged before the Supreme Court in the DANIAL LATIFI VS UNION OF INDIA, 1986 Danial Latifi was the advocate who represented Shah Bano before the Supreme Court. In this Case, The court interpreted the act in a manner that upheld the Shah Bano judgment, effectively nullifying the restrictions imposed by the 1986 act brought in by Rajiv Gandhi. This ruling marked a significant shift towards recognising the rights of Muslim women to maintain them beyond the ‘iddat’ period. The case ensured Muslim women receive fair and reasonable assistance to live their lives with dignity. Then, NOOR SABA KHATOON CASE, 1997 In this case, the Supreme Court held that Muslim woman could claim a share in ancestral property under the Muslim Personal Law (Shariat) Application Act, 1937. The decision acknowledged the property rights of Muslim women and empowered them economically. Following this, MAULANA ABDUL KADIR MADANI CASE, 2009 The Supreme Court in 2009 affirmed that the right to practice religion does not include the right to violate fundamental rights of others, particularly in the context of gender equality.This decision reinforced the principle that personal laws must be in conformity with constitutional rights, thereby empowering Muslim women by protecting their rights against discriminatory practices. In 2014, the Supreme Court delivered another important judgment in the case of SHAMIM BANO VS ASRAF KHAN, 2014 The apex court held that a Muslim woman was entitled to maintenance from her husband even after divorce and could file an application before a magistrate’s court. The judgment emphasised that a Muslim husband was liable to make a reasonable and fair provision for the future of the divorced wife, including her maintenance, which extended beyond the ‘iddat’ period. SHAYARA BANO CASE, 2017 This landmark case saw the Supreme Court declaring the practice of triple talaq (instant divorce) unconstitutional and invalid. The court ruled that triple talaq violated the fundamental rights of Muslim women, providing them with protection from arbitrary divorce and empowering them with legal recourse. The cumulative effect of these Supreme Court judgments over the years, has been made to empower Muslim women in India, by recognising their right to maintenance and challenging the patriarchal norms that have historically restricted their rights and growth.
