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Supreme Court Verdict on Maintenance Rights for Divorced Muslim Women Lauded by BJP

Landmark Decision Upholds Constitutional Values, Says BJP Spokesperson Sudhanshu Trivedi

Lagatar News by Lagatar News
July 10, 2024
in Lagatar News, National & International
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Lagatar24 Desk

New Delhi: The Bharatiya Janata Party (BJP) on Wednesday praised the Supreme Court’s ruling that affirmed the right of divorced Muslim women to seek maintenance from their husbands. The BJP declared that this judgment has removed a significant threat to the Constitution, previously posed by a Congress government decision.

BJP spokesperson and Rajya Sabha MP Sudhanshu Trivedi criticized the Rajiv Gandhi government’s move to enact legislation that overruled a Supreme Court verdict granting alimony to divorced Muslim women, labeling it as one of the biggest threats to the Constitution due to its prioritization of Sharia law over constitutional provisions.

“Whenever the Congress has been in power, the Constitution has been under threat. The Rajiv Gandhi government’s decision gave primacy to Sharia over the Constitution. This recent Supreme Court verdict has restored the Constitution’s prestige, which was compromised during the Congress regime. This judgment has eliminated one of the major threats posed to the Constitution,” Trivedi said during a press conference.

In 1985, the Supreme Court’s decision in the Shah Bano case allowed her to receive alimony from her husband following their divorce. However, facing protests from conservative Muslim groups, the then Congress government passed a law to overturn this verdict. Trivedi noted that the Supreme Court’s recent decision offers substantial relief to Muslim women and should be viewed as an issue of equal rights beyond religious contexts.

“No secular state allows Sharia provisions like halala, triple talaq, and Haj subsidy,” Trivedi claimed, adding that the Congress government had turned India into a partial Islamic state by enacting such laws.

The Supreme Court’s recent ruling asserts that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC, a religion-neutral provision applicable to all married women regardless of their faith. The bench of Justices B V Nagarathna and Augustine George Masih emphasized that maintenance is a right for all married women, not a charity.

During the press conference, Trivedi also highlighted the pride in Prime Minister Narendra Modi being awarded Russia’s highest state honor, the Order of St. Andrew the Apostle, by President Vladimir Putin. He noted that many countries, including France, Egypt, Saudi Arabia, and the UAE, have conferred their highest honors on Modi, showcasing his global leadership and standing.

Taking a jab at opposition parties, Trivedi criticized their habit of questioning Modi on foreign issues, including the Ukraine war. He pointed out that the Congress had passed a resolution in support of Palestine during the Israel-Hamas conflict but questioned whether they had addressed the Russia-Ukraine issue similarly.

Addressing concerns about rising population, Trivedi called for all political parties to address the issue beyond partisan lines, pointing out the demographic changes and their implications. He cited Assam’s Dhubri constituency as an example of shifting political support and emphasized the need for careful consideration of these changes.

Regarding terror-related incidents in Jammu and Kashmir, Trivedi assured that the government is acting strongly. He noted that terror incidents occurred across the country before Modi’s government and highlighted the high polling percentage and increased tourism in the Valley as indicators of positive change.

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