Revisiting ‘The Muslim Women (Protection of Rights on Divorce) Act, 1986’ in the Light of its Impact Over Legal and Jurisprudential Principles

In present paper the researcher has critically analyzed 'The Muslim Women (Protection of Rights on Divorce) Act, 1986' in the light of its impact over legal and jurisprudential principles. The paper is published in Symbiosis Contemporary Law Journal (SCLJ), 2013, Volume-II, Number 1.

14 Pages Posted: 15 Jan 2015 Last revised: 16 Jan 2015

Date Written: January 12, 2015

Abstract

The Muslim Women (Protection of Rights on Divorce) Act, 1986 has not only shaken the conscience of rational human beings but also led to a number of legal and jurisprudential implications. The legislature under Section 5 of the Act vested parties with the discretion to be governed or not to be governed by Sections 125 to 128 of the Cr.P.C. 1973. Since Sections 125 to 128 of Cr. P. Code 1973 are dealing with criminal liability, discretion to apply it under Section 5 of the Act has also resulted in surrendering sovereign and constitutional power to the vested political interests. In the era of constitutionalism and the rule of law, there are a number of checks on arbitrary majoritarianism, which also could not stop arbitrary majoritarianism under Section 5 of the Act. The piece of legislation remains the biggest mishap to secular democracy in India.

Keywords: Critical Analysis of The Muslim Women (Protection of Rights on Divorce) Act, 1986, Validity of Section 5 of The Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125 to 128 of Cr.P.Code, Rights of the Women

Suggested Citation

Shelke, Atmaram, Revisiting ‘The Muslim Women (Protection of Rights on Divorce) Act, 1986’ in the Light of its Impact Over Legal and Jurisprudential Principles (January 12, 2015). In present paper the researcher has critically analyzed 'The Muslim Women (Protection of Rights on Divorce) Act, 1986' in the light of its impact over legal and jurisprudential principles. The paper is published in Symbiosis Contemporary Law Journal (SCLJ), 2013, Volume-II, Number 1., Available at SSRN: https://ssrn.com/abstract=2548455

Atmaram Shelke (Contact Author)

Symbiosis Law School, Pune ( email )

Senapati Bapat Road
Pune, Opp. Pune Airport, New Airport Road, 411 004
India

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