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The Shah Bano case involved a 62-year-old Muslim woman, Shah Bano, who was divorced by her husband and denied further maintenance. The Supreme Court ruled in her favor, finding no conflict between Islamic law and section 125 of the criminal code, which allows maintenance for divorced women. However, significant backlash arose from Muslim groups. As a result, the government passed the Muslim Women (Protection of Rights on Divorce) Act in 1986, which nullified the Supreme Court's ruling and limited maintenance only to the post-divorce iddat period of 90 days according to Islamic law. While the case highlighted women's rights issues, it also increased communal tensions over the uniform civil code.
The Shah Bano case involved a 62-year-old Muslim woman, Shah Bano, who was divorced by her husband and denied further maintenance. The Supreme Court ruled in her favor, finding no conflict between Islamic law and section 125 of the criminal code, which allows maintenance for divorced women. However, significant backlash arose from Muslim groups. As a result, the government passed the Muslim Women (Protection of Rights on Divorce) Act in 1986, which nullified the Supreme Court's ruling and limited maintenance only to the post-divorce iddat period of 90 days according to Islamic law. While the case highlighted women's rights issues, it also increased communal tensions over the uniform civil code.
The Shah Bano case involved a 62-year-old Muslim woman, Shah Bano, who was divorced by her husband and denied further maintenance. The Supreme Court ruled in her favor, finding no conflict between Islamic law and section 125 of the criminal code, which allows maintenance for divorced women. However, significant backlash arose from Muslim groups. As a result, the government passed the Muslim Women (Protection of Rights on Divorce) Act in 1986, which nullified the Supreme Court's ruling and limited maintenance only to the post-divorce iddat period of 90 days according to Islamic law. While the case highlighted women's rights issues, it also increased communal tensions over the uniform civil code.
BACKGROUND In India we have different personal laws governing each community like Muslim Laws are governed by their own Personal laws, Hindu Laws are governed by the Hindu Marriage Act, Hindu Succession Act. The personal laws govern Marriage, Succession, Adoption, Divorce. etc.
These personal laws are not penalizing in nature. For eg,
Adultery becomes a ground of divorce and Judicial Separation. But if you want your husband to be punished for adultery, you have to resort IPC ( Indian Penal Codes). Personal Laws are also called Family laws. UNDERSTANDING THE CASE Shah Bano married Ahmad Khan (advocate) 1932 Children- 3 sons & 2 daughters After 14 years he married a younger woman In 1975 Ahmad khan drove her out of the matrimonial home . Her age was 62 years. She filed a petition for maintenance inApril1978 undersection 125 Cr.P.Cbecause he had stopped giving hermaintenance of Rs 200 which he had promised. Basically u/s125 Cr.P.C -A wife who is without any income, has no source of income and is neglected by her husband is entitled to maintenance, which includes a divorced wife who is not remarried. CONTINUED. On November 1978 her husband gave an irrevocabletalaq(divorce) to her and took up the defence that since Bano had ceased to be his wife so he was under no obligation to provide maintenance for her. The Magistrate court directed Khan to pay Rs 25 per month to Shah Bano. This amount was enhanced by therevisional application to High Court in Madhya Pradesh for Rs 179.20 Ahmed Khan however approached against the judgment to Supreme Court. His main contention being thatafter divorce any form of relation with his divorced wife is Haram and against Islam thus he is not liable to maintain her. JUDGEMENT On 3 February 1981, the two judge bench first heard the matter, in light of the earlier decisions of the court which had held thatsection 125 of the Code applies to Muslims also, referred Khan's appeal to a larger Bench.
Muslim bodieslike All India Muslim Personal Law
BoardandJamiatUlema-e-Hind joined the case as intervener.
On 23 April 1985, Supreme Court in a unanimous
decision, dismissed the appeal and confirmed the judgment of the High Court.
This was a historic Judgment which reinforces your faith
in Judiciary where Justice comes before Religion, Equality comes before religion, Righteousness comes Supreme Court concluded that "there is no conflict between the provisions of section 125 and those of the Muslim Personal Law on the question of the Muslim husband's obligation to provide maintenance for a divorced wife who is unable to maintain herself." After referring to the Holy Quran, holding it to the greatest authority on the subject, it held that there was no doubt that the Quran imposes an obligation on the Muslim husband to make provision for or to provide maintenance to the divorced wife. VOLUBLE ORTHODOXY DEEMED THE VERDICT AS AN ATTACK ON ISLAM. MUSLIMS TOOK TO STREETS, THEY FELT THREATENED ! THE DIRTY POLITICS PLAYED In theIndian general election, 1984, Indian National Congress had won absolute majority in the Indian parliament
After theShah Banojudgment, there was uproar in the Muslim
community, fearing that the Congress will face decimation in the polls, Congress headed by the then prime ministerRajiv Gandhi enacted an act titled The Muslim Women(Protection of Rights on Divorce) Act 1986 that nullified the Supreme Court's judgment in theShah Banojudgment. CONTINUED. Diluting the Supreme Court judgment,the act allowed maintenance to a divorced woman only during the period of iddat, or till 90 days after the divorce, according to the provisions of Islamic law.
This was in stark contrast to Section 125 of the Code.
The 'liability' of husband to pay the maintenance was thus restricted to the period of the iddat only." SHAH BANO CASE-A WATERSHED MOMENT
While the achievements of the Shah Bano Case were
diluted, it continues to remain a watershed moment because :-
The judgment definitelymainstreamed the discourse on
the pitiful condition of Indian women.Maintenance is the tip of the iceberg for there remain many other provision in the statute books, which discriminate against women.
While, the judgement was concerned with the rights of
Muslim women in particular, itstrengthened Women's movementsof all hues fighting for justice and equality.
In fact, ittriggered introspection in many other
personal laws. CONTINUED.. The subsequentruling of the SC in Daniel Latifiand Shamima Farooqui versus Shahid Khan case which harmoniously constructed Muslim women's right to maintenance under Cr.P.C and Shariah, drew strength from the observations of the Court in Shah Bano.
Most importantly, the saidcase highlighted the need for the
enactment of the Uniform Civil Code, as propounded under A. 44 of the Constitution.
On the flipside, the Shah Bano judgment gave impetus to the
forces of communalism in India. While the ruling was opposed by the certain sections among Muslims, the subsequent law was seen as a means of appeasement by section among the Hindus. As a consequence,the debate over UCC has become divisive and communally charged. THANK YOU