Landmark cases shaped women’s rights in Indian marriage
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In India, legal battles over personal laws have long affected women’s rights in marriage, divorce, and inheritance.
The 1951 Bombay High Court case of State of Bombay v. Narasu Appa Mali revealed tensions in applying gender equality across religious communities, as a Hindu man argued for the right to polygamy by pointing to Muslim personal law.
The court upheld a law prohibiting bigamy among Hindus but ruled that personal laws weren’t subject to constitutional rights challenges, creating what became known as the “Ghost of Narasu.” This ruling influenced the 1985 Mohd Ahmed Khan v. Shah Bano Begum case, where the Supreme Court ruled a divorced Muslim woman was entitled to maintenance payments.
However, the decision sparked controversy and fears of alienating Muslim voters, leading the Rajiv Gandhi government to pass the Muslim Women (Protection of Rights on Divorce) Act in 1986. This act effectively overturned the Shah Bano ruling by limiting maintenance payments to the iddat period and shifting financial responsibility to relatives.
Later, in 2001, the court addressed challenges to the 1986 Act in Danial Latifi’s petition, interpreting the law to allow for maintenance payments comparable to those under secular law if necessary. While upholding the Act, the court ensured Muslim women could receive support similar to that provided by Section 125 of the Code of Criminal Procedure, which covers maintenance for wives, children, and parents.
