Author:
Md Sami Rahman
College – Integrated Law Course (Delhi University).
The supreme court in Md Abdul Samad vs State of Telangana judgement upheld that section crpc 125 applicable on women irrespective of the religion.Try to show the progression stance while making a balanced approach between secular law and personal law.
Introduction
Recently on 10th July 2024, the Supreme Court of India in the case of Md Abdul Samad Vs the State of Telangana, the court held that section 125 of CrPc applies to all women irrespective of religion. Section 125 of CrPc talks about when a person has sufficient means that the husband cannot deny the maintenance to their wife, children and parents. There is a catch in this law in the judgement of Shah Bano Vs the UOI constitution bench of the Supreme Court held that Muslim women have the right to maintenance under section 125 CrPc even after the iddat period. This judgement was reversed by the parliament through the act named Muslim Women (Protection of Rights on Divorce) 1986 this act nullified the Shah Bano judgement. This act allowed the filling of maintenance under section 125 of the CrPc when both husband and wife agreed to do that otherwise women do not have the right to maintenance after the iddat period. This act challenged in the Supreme Court in the case of Daniel Latif Vs UOI the court by 3:2 upheld the constitutional validity of the Muslim Women(Protection of Rights on Divorce) 1986 the court observed that this law was framed in such a way that is not against the Article 14 and 15 of the constitution. The court ordered that in case of divorce husband’s liability does not end in the iddat period but in case of homelessness of the wife husband provides maintenance beyond the iddat period to the wife. After this judgement, there was a conundrum of whether Muslim women have the provision of maintenance after the iddat period and whether section 125 crpc is a secular law or only applies in certain communities. All these issues related to Muslim women and CRPC conflict have been given by the Hon’ble Supreme Court in a recent judgement in Md Abdul Samad vs State of Telangana reiterated that the judgement of Shah Bano in which the Supreme Court awarded maintenance under section 125 of CrPC beyond the iddat period(iddat period is three continuous menstrual cycles). Section 125 of CrPC is a secular law and applies to women irrespective of religion.
Conflict of Personal law and Secular law.
India is a country of diverse religions living in harmony with one another. Every religion has its own set of rules regarding marriage, divorce, a succession of property and maintenance. For example, under Muslim law, 4 marriages at a time are allowed but under IPC it is an offence and amounts to the punishment of jail, Muslim women have the right to maintenance only for the iddat period under Muslim personal law but section 125 of CrPc talks about maintenance to the wife irrespective of the religion and calling one-time triple talaq and marriage end in case of Shayara Bano VS UOI supreme court held that talaq e biddet(instant triple talaq) was unconstitutional after this government made the law Muslim women(Protection of Rights on Marriage)Act 2019 which abolish the instant triple and if a person committed it punishment upto 3 years and talk was not valid. There is always a conflict between personal law and Secular law but it is the beauty of the parliament and judiciary that always try to balance between secular law and personal law and in 75 years we can proudly say that we have truly adopted the unity in diversity by making the laws according to time progressive with the balance between personal law and Secular law.
Impact on the life of women through this judgement.
After this judgement, the Muslim women have the protection of getting maintenance from their husbands and they can file the petition of section 125 CrPC to get the maintenance after the iddat period till they remarried. The court took the progressive attempt to balance between the religious law and the Secular law of the land. The question is why it is necessary. Let’s try to find out the answer. To find the answer we have to look at the Sachar committee (appointed in March 2005 to look at the socio-economic conditions of the Muslims) the committee gave its report in November 2006 and showed that Muslims were not illiterate, and had a low level of employment and a high fertility rate. Muslims particularly women have more severe conditions in terms of employment and literacy rate and this law which is arbitrary to women has severely impacted their lives because to make the decision-making when children want and lower the fertile rate requires an nation to the women in society and also secular laws that try to balance the religious law and Secular law of the land. After the ban on triple talaq there is decline of instant talaq via online modes like whatsapp and facebook messenger.Due to Muslims Protection of Marriage Act 2019 this law women get the sense of some security regarding financial security of their own and her child if husband gives divorce.With the progression approach of the supreme court and increase in the level of education among Muslim women there is decrease in the fertility rate of the Muslim women.The progress in the society can be seen by the law because law is made with the need of the society and when society accept progressive laws we can said that country has on the right path.It is necessary to develop a balance approach between the secular law and religious law because in democracy there is a secular character of the country and also country runs on balance view.Regressive law always thought not equal to the women in all the personal laws but with the time every personal law accept the progression law like daughter has the equal right in properly with the amendment of Hindu succession act of 1956 later amendment in 2005 added the provision that a married daughter has the equal share of property of father to son .This religious law amendment with the need of the present day need of the society.
Conclusion
The Supreme court in the case of Md Abdul Samad vs State of Telangana has finally solved the conundrum which prevails in the society and try to make the laws balance between the secular laws of land and personal law of the country.This judgement tells about the judgement of the Shah BanoVS Md Ahmad Khan in which court said section 125 of Crpc is applicable on all women irrespective of the religion.By ensuring that Muslim women can take maintenance under 125 of Crpc take progressive step towards ensuring equality in the society.This judgement is perfect example court try to take balance approach between the secular law and religious law of the land .
