The recent Supreme Court verdict allowing Muslim women to seek alimony from their husbands under Section 125 of the Criminal Procedure Code (Cr.PC) and the Muslim Women (Protection on Divorce Act) 1986 marks a transformative moment in the fight for women’s rights in India. This decision not only promises financial stability for divorced Muslim women but also reinforces the constitutional principles of gender equality and secularism. However, its true impact will depend heavily on enforcement and societal attitudes.

Historically, Muslim women in India have faced significant legal and societal challenges. The struggle for their rights gained notable attention in 1985 with the Shah Bano case, where the Supreme Court ordered maintenance for a divorced Muslim woman. The backlash from conservative factions led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which many criticised for undermining the rights of Muslim women by limiting their access to maintenance. The recent Supreme Court ruling corrects this historical wrong by unequivocally stating that Section 125 of the Cr. PC applies to all women, irrespective of religion.

This is a crucial affirmation of secular laws that transcend personal religious codes, ensuring that all women receive equal protection under the law. By doing so, the court has prioritised the constitutional rights of women over religious considerations, setting a precedent for future cases. This decision also reflects the growing awareness and activism among Muslim women in India. In recent years, Muslim women have been at the forefront of significant movements, from protesting against triple talaq to participating in nationwide protests like those at Shaheen Bagh. These movements highlight their determination to fight for their rights and demand equality.

The Supreme Court’s judgement is recognition of their efforts and struggles, providing them with further courage to continue their fight. However, the judgment alone is not enough. Effective enforcement of this ruling is essential to ensure that Muslim women can claim their rightful maintenance without facing harassment or exploitation from their families or ex-husbands. It is imperative to create mechanisms that protect women from such abuses and provide them with the support they need to navigate the legal process. Moreover, there is a pressing need to address the societal stigma associated with divorced women in a patriarchal society. Despite gaining financial security through alimony, divorced women are often harshly judged and are labelled as opportunistic or “gold-diggers.”

Recognising the unpaid labour of homemakers and valuing their contributions is a step in the right direction. The Supreme Court’s acknowledgment of the labour performed by women, often unpaid and unrecognised, is significant. Women’s work within the home ~ cooking, cleaning, caring for children and elderly family members ~ sustains families and supports the economy. By granting women the right to demand alimony, the court has recognised this labour’s value and the sacrifices made by homemakers. This ruling vindicates the struggles of women like Shah Bano and reinforces the importance of continuing the fight for gender equality