Muslim Women (Protection of Rights on Divorce) Act, 1986

• It aims to protect the rights of divorced Muslim women and was enacted by the Rajiv Gandhi government post the Shah Bano case judgement.

• The Shah Bano judgement (1985)  led to protests from conservative Muslim groups who argued that it went against Islamic law. 

• Hence the Indian government enacted the Act which diluted the Supreme Court's judgement and restricted the rights of Muslim women in matters of maintenance after divorce. 

Shah Bano Case & Interpretation of the Act by the Supreme Court:

• Shah Bano approached the court for maintenance support from her husband who abandoned her and later granted her 'talaq' (divorce). 

• The defendant told the court that under the Muslim personal law there is no such provision.

• The Supreme Court ruled in her favour citing  Section 125 of the CrPC which provides maintenance for the wife since the abandonment happened even when they were married.

• The judgement also emphasised the need for a Uniform Civil Code (UCC) to address the issue of gender equality.

• The parliament then passed the 1986 Act to override the SC verdict.

• The Act does not explicitly prohibit divorced Muslim women from seeking maintenance but it was restricted to a shorter iddat period only.

• Iddat is a period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.

Section 125 of  Code of Criminal Procedure (CrPC):

• It allows someone to claim maintenance from a person legally obliged to support them but fails to do so.

• Eligible parties include wives, minor children, disabled adult children, and parents in need.

• The liable person with sufficient means could be a spouse, child, or parent.

• Magistrates can order monthly payments for basic needs based on individual circumstances.

• This provision offers a faster alternative to civil courts for claiming maintenance and applies to various relationships.