HOME > SOCIETY > LAW > Supreme Court sends notice to Center on Muslim divorce laws in India

Supreme Court sends notice to Center on Muslim divorce laws in India

lawThe Supreme Court today sent notice to the central government in a case based on a complaint by a Muslim woman that the divorce laws applied to her in India are not in conformity with the concept of gender equality promised by the Indian constitution.

The court today sought the Union Government’s reply on questions including whether the Muslim Personal Law as applied in India violates the fundamental principle of equality for both genders and specifically, whether the divorce proceedings contained in it unfairly discriminate against women.

In addition to the government, other parties, including religious group Jamiat Ulema-e-Hind, have also been asked to give their statements within the next six weeks.

The move is likely to create some level of discomfort among conservatives in the country, and marks another attempt by the Supreme Court to bring in parity between the laws applied to Muslims in India and those applied to non-Muslims in the country.

In 1985, the Supreme Court had directed a person, who professed the Muslim faith, to pay alimony to his divorced wife, citing Section 125 of Code of Criminal Procedure, which applies to everyone regardless of caste, creed, or religion.

The section imposes the obligation on every Indian citizen to take care of his or her wife, children and parents within his or her means.

In addition, the court had also dismissed the argument that forcing the husband to pay maintenance for his divorced wife was anti-Islamic. The court ruled that the Quran imposes an obligation on the Muslim husband to make provision for or to provide maintenance to the divorced wife.

However, the then Congress government led by Rajiv Gandhi, overturned the court ruling by bringing in the The Muslim Women (Protection of Rights on Divorce) Act of 1986.

As such, the latest move by the Supreme Court could result in restitution of some of the rights that were diluted by the Act of 1986.

UNION AFFIDAVIT CRUCIAL

The reply of the Central government is likely to play a crucial part in how the court proceeds in the matter, as any change that it orders can be rolled back by the center using legislation.

A Muslim religious organization also sought to implead itself in the matter, claiming that the question of divorce proceedings was a religious matter and that it was entitled to intervene in the case.

The organization also said in its request that at present, divorce proceedings of men and women who believe in Islam are conducted according to religious law, and the Court should not unduly interfere in the matter.

India, despite being ‘secular’, follows different laws for different people, based on their religious beliefs. Legal matters such as whether and how much property is inherited by male and female children, what the requirements and grounds for divorce are etc. are all based on the religion of the petitioner and respondents.

There has been a gradual demand for removal of this provision to have separate laws for those professing different religions, and to bring in the same law for all citizens.

However, a uniform civil code, as it is called, has been fraught with political repercussions and most governments have been loathe to touch the subject.

India is currently ruled by the right-of-center Bharatiya Janata Party, which has often stated its support for a uniform civil code. As such, many expect the government to be supportive of any judicial intervention to bring in such a code.

Follow ULTRA.news
RBI refuses to make exceptions for Tirupati temple, Rs 4 cr old notes junked The Tirumalai TempleThe Reserve Bank of India has told the management of Tirumala Tirupati temple in Andhra Pradesh that the money deposited in the temple's hundis cannot be exchanged for new notes.The move was in response to a letter by the temple management asking if i...
‘Nirbhaya scheme’ for women’s transport security at standstill Road minister Nitin Gadkari demonstrating panic button (Year 2015)A well-publicized scheme for ensuring security for women in public road transport unveiled in the wake of the brutal 'Nirbhaya' rape and murder of in December 2012 seems to have ground to a halt in the absence...
Can’t allow NGOs to impede India’s growth: Center to NHRC Women from the Mahan region celebrate after cancellation of coal blocks.Greenpeace helped organize protests against open coal mining in the area.The home ministry has written back to the National Human Rights Commission that non-governmental organizations cannot be allowed t...
Police Custody Deaths: Bihar safest, Maharashtra most dangerous A total of 308 people died in police custody in the three years from 2013 to 2015 -- including 75 in Maharashtra -- but not a single policeman was convicted in any case related to custody deaths in the country during those years, data from the home ministry showed.On an ove...
No plans to impose Indian constitution on Jammu & Kashmir judiciary – Govt Flag of Jammu & KashmirLaw minister Ravi Shankar Prasad today said the government of India had no plans to force judiciary in the state of Jammu & Kashmir to take their oath of office on the Indian constitution instead of the state constitution.Prasad was respond...
Kerala government doctor goes behind the veil to teach Muslim women A government doctor in Kerala has come under criticism on social media for taking a Polio vaccination awareness class for women from behind a veil.According to local media reports, nearly 100 women participated in the thinly veiled awareness drive conducted by a medical super...
Is Bangalore safe for women? Ask me, I’m a Bengaluru hudugi It's amusing to see men from Bangalore share posts on Facebook about how Bangalore is a safe city. And that, what happened on New years' was just alcohol-induced.Firstly, dear men of Bangalore, hold that thought. Would you care to ask a woman how she feels, before you pos...
Supreme Court to consider banning charge-sheeted candidates from polls The Supreme Court has today agreed to hear a petition that seeks to ban anyone who has been charge-sheeted in a criminal case from contesting elections in India.BJP leader Ashwini Upadhyay, who is among one of the most prolific filers of public interest litigation in Indi...
Activist fighting for minority rights alleges religious discrimination Sreeja NeyyattinkaraSreeja Neyyattinkara, one of the state secretaries of Welfare Party in Kerala, has set off a storm among Dalit and Minority activist circles in Kerala by heavily criticizing some orthodox practices among the Muslims of the state.The criticism has come...
Mark Zuckerberg goes from ‘Atheist’ to ‘It’s Complicated’ Mark Zuckerberg, the founder of Facebook and reportedly the fifth richest person in the world, no longer wants to be identified as an 'atheist', he said on the social network he created."No," he said, when asked if he was (still) an atheist. "I was raised Jewish and then I we...
Muslim Air Force men cannot grow beards – Supreme Court The Supreme Court today upheld service rules and provisions that impose 'clean shaven' rules for the Indian Air Force.Dismissing a petition by a Muslim person, the court said the Air Force was well within its authority to lay down the rule prohibiting the sporting of a beard ...
FULL TEXT: Allahabad High Court order on Triple Talaq Womens' rights and equality activists have welcomed the observations of the Allahabad High Court on the institution of Triple Talaq among Muslims in India.The observations, made while disposing of the petition of a 23-year-old woman and her 53-year-old husband, have also been...
There can be no Equality without Reservations – Ravi Shankar Prasad Law and Justice minister said that reservations to Dalits and backward communities was essential to ensuring equality of opportunity in government jobs.Delivering a talk on the concepts of freedom and equality in the Indian constitution, Prasad said it was wrong to think that...
No Income Tax on FCCB proceeds, SC rules on RCom The Supreme Court on Monday dismissed the petition filed by the Income-Tax Department against Reliance Communications on taxing of the proceeds of Foreign Currency Convertible Bonds (FCCBs), said the telecom operator.The Supreme Court order has quashed contingent tax liabilit...
40% of High Court judge positions are vacant, 30% in trial courts A large proportion of the posts for judges in the various High Courts in India are lying vacant, resulting in painfully slow dispensation of justice, according to law ministry numbers.Out of a total of 1079 posts of judges in all the High Courts in India, a whopping 442 are l...
Reliance Jio interconnect dispute with Airtel, Idea to end this month The dispute over providing interconnection facility is set to end in the next two weeks, with Bharti Airtel, Idea Cellular and Vodafone giving in to the demands of new operator Reliance Jio and the regulator.The decision to comply comes in the wake of a recommendation for a f...
Religious man denies breastmilk to newborn for 24 hrs A man from God’s own country has come under social media fire for preventing his wife from feeding their newborn child over religious reasons.The incident took place on Wednesday around 2 PM, at the EMS co-operative hospital in Mukkam in Kozhikode district, Kerala, where 24-y...
BCCI VS Lodha: SC says no money to be disbursed till reforms accepted The Supreme Court today asked the Board of Cricket Control in India not to disburse any money to state associations and directed state associations not to utilize any funds obtained from BCCI after its last order.If any of the state units utilize the recently disbursed fu...
Cauvery Dispute: Centre constitutes high level technical team Govt of India has constituted a high level technical team to visit the Cauvery basin area on the 7th of this month to assess the ground realities in the basin.The team will meet at Bengaluru for a preparatory meeting and subsequent visit to the Cauvery basin area for assessin...
Government comes up with amended anti HIV discrimination bill The government is likely to come with an amended HIV and AIDS (Prevention and Control) Bill, 2014, which was approved by the cabinet today.The HIV and AIDS Bill has been drafted to safeguard the rights of people living with HIV and affected by HIV.The provisions of the Bi...
Finally, Kerala CM takes a stand on Lawyers vs Media fight Almost three months after the tussle between various lawyers associations and journalists first hit the headlines, Kerala Chief Minister Pinarayi Vijayan today took a stand on the issue, urging lawyers to let the media do their job."The lawyers should realize that they do wro...
Amit Shah wishes ‘Vaman Jayanti’ on Onam It is customary for politicians to wish people on festivities. Doing so is supposed to give the audience a feeling that the politician connects with them and shares in their joy.However, it is also possible for this to have unintended consequences in a different cultural cont...
Airtel sees Reliance Jio’s problems resolved after Jan 1 Hours after attending a meeting called by TRAI on providing interconnection to Reliance Jio, Bharti Airtel said the new operator's interconnection related problems should be resolved after January 1, 2017.Bharti Airtel said it expects Reliance Jio to be a 'commercial telecom ...
CCI disposes off 80% anti-trust cases, says D.K. Sikri The fair trade regulator, Competition Commission of India (CCI), said it has disposed off more than 600 of 750 anti-trust cases handled by the Commission by now i.e. about 80 per cent of the total cases.“Of the information filed, now 80 per cent is not subject to any investig...
TRAI meets with Airtel, Vodafone, Idea on Reliance Jio interconnection tangle Cracking down on incumbent operators' efforts to block Reliance Jio subscribers from calling their customers, the Telecom Regulatory Authority of India has asked big GSM companies such as Bharti Airtel, Idea Cellular and Vodafone to provide connectivity to the new operator, accor...