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Article
15 Jul 2024

SC Judgment on the Muslim Women’s Right to Maintenance: The Battle in Court, From 1980 to 2024

Context

  • The Supreme Court of India has recently issued a landmark judgment in the case of Mohd Abdul Samad vs The State of Telangana.
  • This judgement has significantly strengthened the rights of divorced Muslim women to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC), 1973.
  • This decision represents a pivotal moment in the ongoing legal journey, reaffirming the socially beneficial provision that allows women to seek maintenance, thereby providing clarity and justice after decades of ambiguity and legal contention.

The Shah Bano Case and its Aftermath

  • The issue of maintenance rights for divorced Muslim women first gained national attention with the SC ruling in the Shah Bano case in 1985 (Mohd Ahmed Khan vs Shah Bano Begum).
  • In this case, the Court upheld the right of a divorced Muslim woman to claim maintenance under Section 125 of the CrPC, which led to a significant political and social uproar.
  • In response, the Indian Parliament enacted the Muslim Women (Protection of Rights on Divorce) Act (MWA) in 1986.
  • The Act provided for maintenance during the iddat period (the waiting period following a divorce) and a fair and reasonable provision for the future.

The Legal Conundrum Surrounding the Maintenance Rights of Divorced Muslim Women in India

  • Conflicting Judgments and Legal Ambiguity
    • The MWA was perceived by many as a regressive step, as it was believed to limit the maintenance rights of divorced Muslim women to the iddat period (a few months post-divorce) and mandate a 'fair and reasonable provision' for their future within this period.
    • The introduction of the MWA led to considerable confusion and conflicting interpretations by various high courts.
    • Some courts ruled that the MWA provided a more comprehensive and special remedy that should be exclusively followed, effectively nullifying the applicability of Section 125 of the CrPC to divorced Muslim women.
    • Other courts maintained that Section 125, being a secular provision, continued to be available to all women irrespective of their religion, thus including divorced Muslim women.
  • High Courts' Divergent Rulings
    • Exclusive Applicability of MWA
      • Some high courts held that since the MWA was specifically enacted for divorced Muslim women, it should take precedence over the CrPC.
      • This interpretation suggested that the remedies provided under the MWA were both special and exhaustive, thereby excluding the application of Section 125 of the CrPC to divorced Muslim women.
    • Concurrent Applicability
      • Other high courts ruled that the two legal provisions could coexist. They argued that Section 125 of the CrPC, being a secular and beneficial legislation, was intended to provide maintenance to all women, including those divorced under Muslim personal law.
      • These courts emphasised that the CrPC aimed at preventing destitution and vagrancy, objectives that should not be overridden by the MWA.
    • Hierarchy of Laws
      • Another line of reasoning was based on the principle of lex specialis, which suggests that a specific law (MWA) should prevail over a general law (CrPC).
      • However, this approach was complicated by the fact that the CrPC is a procedural law with a broad social welfare mandate, while the MWA is a personal law specific to Muslim women.
  • SC's Clarification
    • The legal ambiguity and conflicting high court judgments necessitated a definitive ruling by the SC.
    • In the Mohd Abdul Samad case, the SC provided much-needed clarity by unequivocally stating that the enactment of the MWA did not extinguish the rights of divorced Muslim women under Section 125 of the CrPC.
    • The SC emphasised that Section 125 is a secular provision designed to prevent vagrancy and destitution by ensuring that women unable to maintain themselves receive maintenance.
    • It is a socially beneficial provision that should not be negated by the MWA.
    • The Court held that while the MWA provides specific rights and remedies, it does not override or negate the broader and more inclusive protections offered under the CrPC.

The Case of Mohd Abdul Samad vs The State of Telangana and the SC Verdict

  • About the Case
    • In this case, a deserted wife approached the family court in Telangana for maintenance under Section 125, and the court awarded her Rs 20,000 as monthly maintenance.
    • Subsequently, her husband divorced her and contested her right to claim maintenance under Section 125, arguing that her rights were now governed by the MWA.
    • The Telangana High Court rejected the husband's arguments but reduced the maintenance amount to Rs 10,000 per month. The husband then appealed to the Supreme Court.
  • SC Verdict
    • On July 10, a bench comprising Justices B V Nagarathna and Augustine George Masih upheld the wife's right to claim maintenance under Section 125 of the CrPC.
    • The Court ruled that this right is not nullified by the enactment of the MWA, emphasizing the socially beneficial nature of Section 125.
    • This judgment has thus put to rest the prevailing controversy and reinforced the maintenance rights of divorced Muslim women.

Existing Precedents and Interpretations Surrounding Maintenance Rights for Divorced Muslim Women in India

  • The Danial Latifi Case (2001)
    • In this case the constitutional validity of the MWA was challenged.
    • The petitioners argued that the MWA violated the fundamental rights of Muslim women by limiting their maintenance rights.
    • A five-judge Constitution Bench of the SC examined these arguments and provided a landmark judgment that balanced the provisions of the MWA with the constitutional mandate of equality and non-discrimination.
    • The SC upheld the constitutional validity of the MWA, affirming that it did not violate the fundamental rights enshrined in Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life) of the Indian Constitution.
    • The Court ruled that MVA should not be limited to the iddat period but must encompass the future needs of the divorced wife.
  • Sabra Shamim vs Maqsood Ansari (2004)
    • The Allahabad HC reiterated that the MWA does not take away the right of a divorced Muslim woman to claim maintenance under Section 125 of the CrPC.
    • It emphasised that the provisions of the CrPC are available to all women, irrespective of their religion.
  • Iqbal Bano vs State of UP (2007)
    • The SC held that a divorced Muslim woman has the option to either proceed under the provisions of the MWA or under Section 125 of the CrPC, thereby reaffirming the concurrent applicability of both legal frameworks.
    • Shamim Bano vs Asraf Khan (2014)
    • The SC once again upheld the right of a divorced Muslim woman to claim maintenance under Section 125, stating that the beneficial provisions of the CrPC are available to all women, including those governed by personal laws.

Conclusion

  • The SC’s judgment in Mohd Abdul Samad vs The State of Telangana is a significant step towards ensuring justice and equality for divorced Muslim women.
  • By upholding their right to claim maintenance under Section 125 of the CrPC, the Court has clarified a long-standing legal ambiguity and reinforced the secular and socially beneficial intent of the law.
  • This decision not only provides legal clarity but also affirms the fundamental rights of all women, contributing to the broader goal of social justice and welfare in India.
Editorial Analysis

Current Affairs
July 15, 2024

Manjeera Wildlife Sanctuary
The Manjeera wildlife sanctuary in Telangana is undergoing a study to potentially become the state's first Ramsar site.
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About Manjeera Wildlife Sanctuary:

  • It is a wildlife sanctuary and a reservoir located in the Medak district of Telangana.
  • Originally a crocodile sanctuary, today more than 70 species of birds are spotted here, and is home to the vulnerable species of mugger crocodile.
  • The sanctuary follows the course of river Manjeera, a tributary of Godavari, and abuts the Manjeera reservoir.
    • It is a man-made reservoir that provides water for irrigation and also drinking water for the twin cities of Hyderabad and Secunderabad.
    • The reservoir has nine small island These islands contain extensive marshy fringes, which act as nesting sites for waterbirds. Additionally, thick cover of trees also provides nesting spots for birds.
  • Vegetation: Dry Savannah type of vegetation is found in the sanctuary. The reservoir supports both submergent and emergent types of vegetation.
  • Flora: Being a freshwater ecosystem, the sanctuary is home to many plant species like Typha, Babool, Prosopis, Ipomoea and Acacia Ipomea, Vallisneria, Eichhornia, and Reeds, among others.
  • Fauna:
    • The sanctuary is a riverine habitat supporting mugger crocodile and fresh water turtles.
    • The sanctuary is home to prawns, molluscs, and fishes like catla, rohu, murrel, eel, karugu, and chidwa.
    • The Indian hare, wild boar, mongoose, and jackal are also present.
Environment

Current Affairs
July 15, 2024

Key Facts about Nigeria
A two-story school collapsed recently in north-central Nigeria, killing 22 students and sending rescuers on a frantic search for more than 100 people trapped in the rubble.
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About Nigeria:

  • It is a country located on the western coast of Africa. It is often called the "Giant of Africa." 
  • Boundaries: It is bordered to the north by Niger, to the east by Chadand Cameroon, to the south by the Gulf of Guinea of the Atlantic Ocean, and to the west by Benin
  • It achieved independence from Britain in 1960. 
  • It covers an area of around 9.24 lakh square kilometres.
  • It is also Africa’s most populous country.
  • Capital: Abuja
  • Language: English is Nigeria’s official language, although many local languages such as Hausa, Yoruba, Igbo, and Ijaw are also spoken.
  • Money: Naira
  • Nigeria has a diverse geography, ranging from arid to humid equatorial climates.
  • Drainage:
    • The major drainage areas in Nigeria are the Niger-Benue basin, the Lake Chad basin, and the Gulf of Guinea basin.
    • The Niger River, for which the country is named, and the Benue, its largest tributary, are the principal rivers.
  • Major Mountain Range: Cameroonian Highlands
  • The country has abundant natural resources, notably large deposits of petroleum and natural gas.
International Relations

Current Affairs
July 15, 2024

What is Syphilis?
Improved testing has led to the detection of over 6,000 cases of syphilis, a sexually transmitted disease primarily linked to unsafe sex, according to data from the Mumbai AIDS Control Society (MDACS) between 2018-19 and 2022-23.
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About Syphilis:

  • It is a sexually transmitted infection (STI) that can cause serious health problems if you do not treat it. 
  • It is caused by the bacteria, Treponema pallidum.
  • After the infection happens, syphilis bacteria can stay in the body for many years without causing symptoms. But the infection can become active again.
  • Transmission:
    • People usually get syphilis from sexual contact with someone who has it.
    • It can also pass from mother to baby during pregnancy, childbirth, and sometimes through breastfeeding.
  • Symptoms:
    • Syphilis develops in stages. The symptoms vary with each stage and is often painless.
    • The disease starts as a sore that's often painless and typically appears on the genitals, rectum, or mouth.
    • Sometimes it causes swelling in nearby lymph nodes.
    • If you do not treat it, syphilis usually causes a non-itchy skin rash, often on your hands and feet.
    • Many people do not notice symptoms for years. Symptoms can go away and come back.
    • If left untreated, it can cause serious health issues. It can permanently damage your heart, brain, muscles, bones, and eyes.
  • Treatment:
    • Syphilis is treatable and curable. It is easy to cure with antibiotics, especially during in the early stages.
    • Penicillin is the most commonly used medication for syphilis.
Science & Tech

Current Affairs
July 15, 2024

National Geophysical Research Institute (NGRI)
A team of scientists from the National Geophysical Research Institute (NGRI) has made a new discovery that sheds light on the ancient connection between the Indian subcontinent and Antarctica.
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About National Geophysical Research Institute (NGRI):

  • NGRI, a constituent research laboratory of the Council of Scientific and Industrial Research (CSIR), was established in 1961.
  • Mission: To carry out research in multidisciplinary areas of the highly complex structure and processes of the Earth system and its extensively interlinked subsystems.
  • Location: Hyderabad, Telangana.
  • NGRI has the mandate to conduct research for public-good science to enable government agencies and public and private sector stakeholders to make informed decisions about the use of geo-resources sustainably and improve preparedness and resilience to natural hazards.
  • The research activities fall broadly under three themes:
    • Geodynamics, which revolves around investigating and modeling fundamental aspects of the Earth system and processes.
    • Earthquake Hazards, which encompass features on the surface and subsurface of the crust which may potentially endanger lives and properties through catastrophes like earthquakes and landslides, as well as deterioration in pollution levels of groundwater and soil, changes in climatic conditions, and associated environmental issues. 
    • Natural Resources, which comprise the implementation of techniques to identify primary geo-resources, which are the pillars of human civilization and fount of economic growth, like groundwater, hydrocarbons, as well as alternate energy sources and minerals.
Geography

Current Affairs
July 15, 2024

Key Facts about Bagmati River
Flood situation have emerged in Bihar’s Muzaffarpur area as water level of Bagmati River has risen.
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About Bagmati River:

  • It is a river in south-central Nepaland northern Bihar state, India.
  • It is considered holy by both Hindus and Buddhists.
  • Course:
    • It originates from the Bagdwar area in the Shivapuri Hills, located in the northwestern part of Kathmandu Valley, central Nepal, at an elevation of around 2,690 metres (8825 feet) above sea level.
    • It is fed by springs and monsoon rainfall and a number of tributaries as it flows down from the Kathmandu valley floor and passes through the valley at Chovar.
    • It flows southward through the Shivalik Range, the southernmost range of the Himalayas.
    • It continues across the plains of Tarai into Bihar and then flows southeastward to enter the Burhi (“Old”) Gandak Riverafter a course of 225 miles (360 km).
    • The basin transacts three distinct latitudinal physiographic zones (Mountain, Siwalik, and Terai) of the Nepal Himalayas.
  • Temples: The banks of this holy river shelter various temples.
    • The temple of Pashupatinath (a UNESCO World Heritage Site) is nestled on an outcrop above the river north of Kathmandu. It is regarded as one of the holy places of Hinduism.
    • Gokarneswor temple, located in the north of the Kathmandu Valley, is also an important holy shrine.
Geography

Current Affairs
July 15, 2024

SIM Swapping Scam
Google Fi wireless has introduced a security feature called ‘Number Lock’. This new feature empowers users to take control and prevent a growing cybersecurity threat – SIM swapping.
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About SIM Swapping Scam:

  • It occurs when a malicious actor convinces your carrier to transfer your phone number to a new SIM card in their possession.
  • This can grant them access to your calls, texts, two-factor authentication codes, and potentially even financial accounts linked to your number.
  • Modus Operandi: In the SIM swap scam, fraudsters first take personal details such as phone numbers, bank account details, and addresses with the help of phishing or vishing.
  • After receiving the personal information, fraudsters visit the mobile operator’s retail outlet, posing as the victim with forged ID proof, and report a fake theft of the victim’s SIM card and/or mobile phone.
  • By doing this, they attain a duplicate SIM.
  • Notably, scamsters can get a duplicate SIM even when the original is working, as they reported a theft of the original SIM card.
  • Unlike other scams, where scamsters trick people into giving OTPs and private information on a phone call, the SIM swap scam doesn’t require direct communication with the victims.
  • However, fraudsters do give missed calls to their victims so that the latter leave their phones and ignore the lost network connectivity.
  • When the SIM is swapped, the accused gains control of the entire SIM. All calls and messages go through their SIM only. 
  • Once in control of the SIM card, they are able to obtain passwords and OTPs that allow them to access their targets' bank accounts
Science & Tech

Current Affairs
July 15, 2024

Indian flapshell Turtle
The scientists at the Indian Veterinary Research Institute (IVRI) on a mission to save an Indian flapshell turtle, whose shell cracked after an accident.
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About Indian flapshell Turtle:

  • It is a freshwater species of turtle found in South Asia.
  • The "flap-shelled" name stems from the presence of femoral flaps located on the plastron. These flaps of skin cover the limbs when they retract into the shell.
  • It is morphologically an evolutionary link between the softshell and hardshell aquatic turtles.
  • Habitat: They live in the shallow, quiet, often stagnant waters of rivers, streams, marshes, ponds, lakes and irrigation canals, and tanks.
  • These turtles prefer waters with sand or mud bottoms because of their tendency to burrow.
  • Distribution: They are mainly found in Pakistan, India, Sri Lanka, Nepal, Bangladesh (Indus and Ganges drainages) and Myanmar (Irrawaddy and Salween Rivers).
  • Lifestyle:
    • Theyare
    • They are generally solitary and active during the day. They are very well adapted, both morphologically and behaviorally, to drought conditions.
  • Conservation status
    • IUCN Red list: Vulnerable
    • CITES: Appendix I
    • Wildlife (Protection) Act, 1972: Schedule I
Environment

Current Affairs
July 15, 2024

What are Chaperones?
A team at the S.N. Bose National Centre for Basic Sciences is using a Covalent Magnetic Tweezer (CMT) fabricated in their lab, to study the physical and chemical properties of protein molecules and the action of chaperones on how these molecules fold and function.
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About Chaperones:

  • Chaperones are a group of proteins that have functional similarity and assist in protein folding.
  • They are proteins that can prevent non-specific aggregation by binding to non-native proteins.
  • After the new protein chain has been shaped correctly, chaperones move on. Or else the new chain is eliminated.
  • Without chaperones, newly synthesised proteins would soon become a tangled mess of insoluble aggregates, hindering cellular processes.
  • Chaperones are needed under physiological conditions too, for normal cellular function.
  • There are several families of chaperones and each possesses different functions. Example of chaperon proteins are the “heat shock proteins” (Hsps).
  • Major chaperones in humans include HSP70, HSC70 and HSP90: the numbers express the size of the proteins in kilodaltons.
    • In normal cells 1%–2% of all proteins present are heat shock proteins. This number rises threefold during stressful conditions.
  • Misfolding of proteins can cause a number of diseases namely:
    • Parkinson's disease: In which Alpha-synuclein protein, present in neurons, is wrongly folded.
    • Alzheimer: Brains of Alzheimer's patients have plaques formed from aggregates of amyloid beta-peptide. This accumulation of amyloid fibrils is toxic, leading to widespread destruction of neurons – a 'neurodegenerative’ disorder.
    • Autosomal dominant congenital cataract: In the eye lens, an abundant subset of proteins called alpha-crystallins themselves serve as chaperones – a single R116G mutation in human alpha crystallin is responsible for this.
Science & Tech
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