SC’s recent verdict on divorced Muslim women’s right to maintenance under S.125 CrPC has not created a new right. Divorced Muslim women always had a right to claim maintenance under S.125CrPC. This right was upheld by a Constitution bench of the Supreme Court in Danial Latifi & Another vs Union of India way back in 2001.
The 1985 Shah Bano judgement (which upheld Muslim woman’s right to maintenance after divorce) led to the backlash by some community leaders. In 1986 a new law was enacted – the Muslim Women (Protection of Rights on Divorce) Act. Muslim women started opting for the 1986 law as it provided full and final settlement for the rest of her life as opposed to the ceiling that existed under S.125 CrPC. Later in 2005 the Protection of Women from Domestic Violence Act also established that all divorced women had rights under the act.
We at Majlis have represented thousands of women under all these laws. While rights for all women are protected in our country the question is where are the trained and sensitive lawyers to represent them on the ground. Implementation of all laws, for all women continue to be a huge challenge that is seldom addressed. It’s time the media stop singling out only Muslim women as a symbol of oppression.
Picture: Remembering Shah Bano
About Majlis We are a team of women lawyers and social workers who work for the protection and promotion of women and children’s rights through legal representation, advocacy and training. We provide social and legal support to women and children victims of sexual and domestic violence.
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I find Majlis is like Ravish Kumar who question his own fraternity when they say where are sensitive and trained lawyers?? Which i feel is true because they become the legal voice for women in the court.
On point.👍