Table of Contents
Introduction
In this introduction, I will explain the purpose of this piece.
A sequence of events in chronological order.
The case’s major issues
Examining and evaluating an issue or argument.
An opening
It was a landmark case, especially for the Muslim community. The issue was the highly complex ‘Triple Talaq. This film tells the tale of a brave and determined woman called Shah Bano. She fought her community to achieve justice. She was a model citizen in a rigid society. No one will deny she is a hero for changing the system.
First, let’s define Triple Talaq. Triple Talaq allows a Muslim to divorce instantly. It is enough for him to say talaq, orally or on paper, three times. The electronic media can also be used. The divorce will be finalized if the husband sends her 3 Whatsapp texts stating “talaq”. It is in the Quran. The ultimate book that all Muslims follow. Timeline 1932 – Shah Bano married Mohammad Ahmad Khan. Shah Bano had 3 sons, 2 daughters and later became a mother.
Mohammad Ahmad Khan is married to a second woman. (As per muslim law, a male can have as many wives as he wants. A woman can only have one husband. Shah Bano, her five children and he lived together for many years. By then, she had reached the age of 62. He had reportedly promised her Rs 200 maintenance.
April 1978. Shah Bano complained about this injustice to a local Indore Court and was awarded Rs 500 in maintenance each month.
Mohammad Ahmad Khan spoke the word Talaq for three times in order to free himself from his wife. Shah Bano, his wife was no longer required to pay him Rs 500 a month. In accordance with Islamic law, the total amount he must pay is Rs 5400.
August 1979: A local court ordered that Mr. Khan pay Rs. 25 per month in maintenance.
July 1980: After Shah Bano’s re-application, the High Court of MM ordered Khan that he pay Rs. 20 per month. Mr. Khan wasn’t happy with the result and he went to the Supreme Court, claiming that Shah Bano had no longer been his wife. She was therefore no longer responsible for him as per Islamic Law.
Whether Section 125 of the Uniform Civil Code, which deals primarily with the maintenance and support of parents, spouses and children is applicable. Is the Uniform civil code applicable to all religious groups?
Supreme Court of India: The Honourable Supreme Court of India handed down its judgement on Shah Bano’s behalf on 3rd february 1981. The decision was unanimous. The Supreme Court insisted that Sections 125 apply to all Indians, regardless of caste, religion or creed.
The Supreme Court ruled that the Muslim Personal Law was unfair in this case, as the wife could not support herself financially. The Court decided, following a lengthy process, that the husband was not responsible to provide maintenance for his wife, if she has the ability to manage her finances. If she is not able to manage herself economically, the husband cannot refuse her maintenance. Community reaction: The verdict was met by a number of protests. Indian Press made this a national topic. The religious leaders made them believe that the threat was to their own personal law. Ultimately, the ruling was against Quran preaching. All India Muslim Personal Law is the organization that led this protest.
General elections were held in 1984. Rajiv gained an absolute victory, winning 414 of 533 votes. Many Congress Leaders warned Rajiv Gandhi to overturn Supreme Court’s ruling or face serious consequences in the next election. Indian National Congress’s dominance has always been due to the Muslim vote. In 1986, they introduced The Muslim Women Protection Act which stipulated that divorced women could only be maintained for 90 days after their divorce or until the end of the iddat period. The Section 125 was in direct opposition to this. This act ruled on the Supreme Court’s judgement.
The act was criticized by many different sections of society. All India Democratic Women’s Association was against the act. BJP called the act a violation of “sanctity of country’s top court”. Makarand paranjape considered it a nonsecular practice. Critics said that divorce could be considered under personal law, but maintenance couldn’t. This is a fundamental right for a woman who has been divorced. Excluding Muslim Women from civil law is discriminatory.
The aftermath: On the 22nd of August 2017, a group of five judges examined the law on triple talaq. Three of the five judges deemed that the law was unconstitutional. The two other judges were of the opinion that it was constitutional, but should be banned by the government.
The BJP Government led by PM Modi drafted a Bill named the Muslim Women Protection Bill of 2017 and submitted it to Parliament. It was finally passed by December 2017. The bill not only makes triple-talaq illegal, but it also invalidates the practice. The husband who issues triple talaq is subject to a maximum of 3 years in prison. AIADMK and BJD were among the few parties that opposed the bill, stating that it was a flawed proposal. Indian National Congress leader, who is the main opposition party, supported the Bill. Both Hindu nationalists and Muslim liberals opposed the practice.
An assessment of Mohd.’s accomplishments The Supreme Court, in Ahmad Khan V/S Shah Bano Begum emphasized the fact that Triple Talaq is not a valid way to take away a Muslim lady’s right to support herself and her children if she has been separated or abandoned by her spouse. Supreme Court’s decision on the Shah Bano Case faced a great deal of opposition. Then, Muslim women were denied the right to marry. In fact, they were not allowed to enjoy basic freedoms. This was against humankind. When compared to other women around the globe, Muslim ladies had a backwards status. Comparing them to other women, they were less educated and more independent. Major issues led to a decline in their self-confidence and knowledge. In addition to these issues, they were also denied the right to learn or educate themselves. In their earliest years, they were in a very difficult position and could not earn their own living. Therefore, they needed maintenance or provision. Shah Bano Case was a typical case just like the other maintenance cases that had occurred. Moreover, the Supreme Court verdict was almost identical to earlier decisions.
But the two revealed truths in this case are: firstly, that spirituality of laws governing religious individuals was criticized; secondly, that the Uniform Civil Code applies to all religions as well as their followers, and finally, whether CrPc is applicable to religious laws affecting individual religious practices.
