The Supreme Court’s ruling on Wednesday that allows a divorced Muslim woman to seek maintenance under Section 125 of the Code of Criminal Procedure (CrPC), 1973, from her former husband is a significant move towards upholding their rights and financial security. The landmark verdict says that “the Muslim Women (Protection of Rights on Divorce) Act, 1986, will not prevail over the secular and religion neutral provision of Section 125 of CrPC,” adding that alimony is not a charity but about women’s rights and social justice. In simple words, women irrespective of religion have the right to seek alimony from their former husbands, or that a person with sufficient means cannot refuse maintenance to his wife, children or parents. It overrides a provision in the 1986 Act that says maintenance is limited only till the Iddat period, which is normally three months after the divorce. By underscoring that Section 125 of the CrPC is "religion neutral", the apex court has sent out a clear message that its order is applicable to all women in the country. This crucial verdict is a source of relief for the helpless and poor women, especially those from the Muslim community, besides giving them the much-needed courage to fight for their rights. Now, the authorities should ensure that women are not harassed for seeking alimony.
While the Supreme Court’s ruling is no doubt a milestone, it is important to see if it is applicable to Naga society. Can Naga women seek alimony after divorce? Sadly, the answer is a NO. Certain social practices like property inheritance, child custody, alimony, etc. are still governed by the Naga customary law, a special provision given in Article 371A of the Indian Constitution. While the strides made by Naga women in various fields, including education, are impressive and can be taken as a reflection of how they are treated by society, there are several practices that contradict the popular perception of gender equality, and one such is alimony. There is no standard provision in the Naga customary law for women to claim maintenance from their husbands after divorce, unlike their counterparts from other parts of the country. This makes them financially insecure and vulnerable to poverty. With no economic security in place, many end up silently living with discrimination and harassment – both physical and mental. It is high time the Naga society incorporate alimony into their customary law, without which talks about gender equality are hollow and meaningless. Tradition and culture should not pose an impediment to gender equality and human progress.