Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Post a Comment

Supreme Court Upholds Maintenance Rights for Muslim Women under Section 125 CrPC

Supreme Court Upholds Maintenance Rights for Muslim 

Women under Section 125 CrPC



In a landmark decision, the Supreme Court of India has ruled that Section 125 of the Code of Criminal Procedure (CrPC), which grants the right to maintenance, applies to all married women, including Muslim women. This ruling ensures that Muslim married women can claim maintenance from their husbands under these provisions, providing a significant legal safeguard for their financial security.


Empowering Indian Homemakers


The bench, comprising Justices BV Nagarathna and Augustine George Masih, emphasized the critical role of homemakers in Indian society. The court highlighted the need for Indian men to recognize the contributions and sacrifices of homemakers, who are often the backbone of the family. It urged men to provide financial support to their wives, suggesting the use of joint bank accounts and ATMs to ensure access to financial resources.


Applicability to Divorced Muslim Women


The court clarified that Section 125 CrPC is applicable to all non-Muslim divorced women and extends to Muslim women as well. For divorced Muslim women, the court stated that they could seek maintenance under Section 125 CrPC or under the Muslim Women (Protection of Rights on Divorce) Act, 1986. The ruling affirmed that the 1986 Act does not override Section 125 CrPC but provides an additional remedy.


Legal Provisions for Muslim Women


The ruling also addressed situations involving illegal divorces under the 2019 Act, allowing Muslim women to seek subsistence allowance or maintenance under Section 125 CrPC. The court directed that during the pendency of a petition under Section 125 CrPC, if a Muslim woman is divorced, she can take recourse under either the CrPC or the 2019 Act.


High Court of Telangana’s Decision Upheld


The Supreme Court's decision came on an appeal challenging the High Court of Telangana's order, which had modified a family court's decision, reducing the interim maintenance payable from Rs 20,000 to Rs 10,000 per month. The apex court upheld the High Court’s order, affirming the maintainability of the petition filed under Section 125 CrPC.


Recognition of Homemakers' Financial Needs


Justice BV Nagarathna, in a concurring judgment, underscored the financial vulnerability of married women without independent sources of income. The judgment acknowledged the essential role of homemakers in managing household budgets and saving money for personal expenses, often without direct financial support from their husbands.


Call for Financial Empowerment


The court urged Indian men to financially empower their wives by providing access to financial resources for personal needs. This empowerment, according to the court, would place homemakers in a more secure position within the family, promoting emotional and financial stability.


Strengthening Indian Society


The judgment concluded by stressing that financially and emotionally secure families contribute to a stable society, which in turn strengthens the nation. The court called for respect and empowerment of women within families, recognizing them as the fundamental units of society.


Conclusion


This ruling marks a significant step towards ensuring financial security and empowerment for all married women in India, particularly Muslim women. By upholding their right to maintenance under Section 125 CrPC, the Supreme Court has reinforced the importance of financial support for homemakers and highlighted their indispensable role in Indian families and society.

Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts from this blog

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines

Image
Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more