Indian Express Editorial Summary

Editorial Topic : Supreme Court Judgment on Muslim Women’s Right to Maintenance

 GS-2 Mains Exam : Polity

Question : Analyze the recent Supreme Court judgment (Mohd Abdul Samad vs The State of Telangana, July 10, 2024) that upheld a divorced Muslim woman’s right to claim maintenance under Section 125 of the CrPC. How does this judgment reconcile the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWA) and Section 125?

Background:

The fight for divorced Muslim women’s right to maintenance has been a long one, marked by legal battles and legislative interventions.

• In 1985, the Shah Bano case awarded maintenance to a divorced Muslim woman under a secular law, but this decision was overturned by Parliament through the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWA).

The MWA provided specific rights to divorced Muslim women, including maintenance during the iddat period (mandatory waiting period after divorce) and a fair provision for the future. However, it left a question unanswered: could divorced Muslim women still claim maintenance under Section 125 of the CrPC, a secular law offering maintenance rights to all women in similar situations?

Conflicting High Court Rulings:

Different High Courts across India offered conflicting judgments on this issue, creating confusion for divorced Muslim women seeking maintenance. Some courts held that the MWA superseded Section 125, while others allowed divorced Muslim women to choose between the two options.

The Recent Supreme Court Judgment (Mohd Abdul Samad vs The State of Telangana, July 10, 2024):

• Upheld a divorced Muslim woman’s right to claim maintenance under Section 125 of the CrPC. The Court recognized Section 125 as a “socially beneficial provision” offering crucial financial support to women in need. It clarified that the enactment of the MWA did not extinguish this existing right.
• Clarified the distinct domains of MWA and Section 125:

• • The MWA provides a specific set of rights for divorced Muslim women, including maintenance during the iddat period and a future provision.
  • Section 125 offers a broader right to maintenance based on a woman’s inability to maintain herself, regardless of religion.

• Emphasized the Constitutional Rights of Divorced Muslim Women: The Court highlighted that denying divorced Muslim women access to Section 125 would violate their fundamental rights to equality (Article 14), non-discrimination (Article 15), and life and liberty (Article 21) guaranteed by the Indian Constitution.
• Built upon Previous Judgments: The Court considered the landmark Danial Latifi case (2001), which upheld the MWA’s validity and clarified its provisions. This judgment, while not directly addressing Section 125, noted that the MWA did not intend to extinguish existing rights.

Significance of the Judgment:

This judgment brings much-needed clarity and removes the ambiguity surrounding divorced Muslim women’s right to maintenance. It ensures that they have access to both the specific rights provided by the MWA and the broader maintenance rights offered by Section 125, depending on their specific circumstances. This strengthens their financial security and empowers them to rebuild their lives after divorce. The judgment is also a significant step forward in securing equal rights for all women in India.

 

 

 

Indian Express Editorial Summary

Editorial Topic : Nepal’s Political Instability

 GS-2 Mains Exam : IR

Recent Events:

• K P Sharma Oli to be sworn in as Nepal’s 14th Prime Minister since 2008.
• This highlights the fragility of Nepal’s political landscape.

Unfolding of Events:

• Oli’s party (CPN-UML) withdrew support from the Prachanda-led government, ending a leftist alliance.
• Prachanda (Maoist Centre) failed a confidence vote, despite surviving previous attempts.
• He changed coalition partners three times in his 19-month tenure.
• Prachanda lost power after Deuba (Nepali Congress) and Oli reached an agreement.

Nepal’s Political Seesaw (Since 2015):

• Frequent leadership changes due to “opportunism” by political leaders.
• Prachanda (2 terms), Deuba (2 terms), and Oli (3rd term) have all held power.
• Nepal faces economic instability, corruption, and energy crises.
• The country relies on food imports and its cement industry struggles.
• The World Bank and IMF warn of potential economic crisis without improvement.

India’s Concerns:

• New Delhi watches developments in Kathmandu cautiously.
• Oli’s past actions (border blockade, pro-China stance) strain relations with India.
• China’s influence in Nepal is growing, despite India being Nepal’s largest trading partner.
• Many Nepalese citizens live and work in India.
• New Delhi needs a nuanced approach to ensure China doesn’t gain an advantage.

Conclusion:

• Political instability in Nepal could worsen the economic crisis.
• India needs to be alert to China’s potential influence in this uncertain climate.