SHAH BANO LAW

Written by – Dipak Singh

 

31 years after Shah Bano law, a similar moment could take place  in near future most probably in upcoming winter session which is to bring a new law vis-a-vis prevention of triple talaq .

But how many know what Shah Bano law is?

Shah bano begum and Mohammad khan married in year 1932 .The couple had 3 sons & 2 daughters. The 62 year shah bano was forced to leave her husband house as she was given instant triple talaq during the year 1975.

So, before moving further you must know what section 125 is about-  the husband is responsible for her spouse maintenance even after the divorce.

Considering this law shah bano demanded maintenance under crpc section 125 in 1978 in court. Mohammad khan after losing the case in a local court & in Madhya Pradesh high court went with his plead to supreme court, where 5 judges bench headed by chief justice y v chandrachud rejected khan appeal. Court holded the action section 125 crpc “the religion professed by spouse or by the spouses has no place.” This judgment was in 23 April, 1985.back then Muslim personal law board and many Muslim activists argued that Supreme Court had no jurisdiction & court is interfering in internal matter of Muslims leaving in country.

India Today Media Institute
Image Courtesy- Scoop Woop

Congress leader especially Rajiv Gandhi feared that it’s losing Muslim vote bank in country and something needed to be done fast to gain the sympathy of Muslim community whether it is to compromise with freedom of Muslim women. So he overturned shah bano law passed by court. Prime Minister Rajiv Gandhi’s government, were enjoying a larger piece of majority in lok sabha during 80’s decade. Rajiv’s government was easily able to passed the Muslim act (protection of rights on divorce).this was the first instance where a law passed by country’s supreme court was diluted by parliamentarians. The act restricted Muslim women’s freedom and was a curse to the Muslim society, it restricted right to claim maintenance only to the period of iddat. Now the iddat is the period where Muslim woman isn’t allowed to remarry with her choice within the period of 90 days, according to Islamic law.

The politician played their part in bringing these law and maintaining their vote bank  without even thinking how would  it effect the upcoming generation and all of us know how these has taken a  evil face in our beautiful society .“triple talaq” true colors took birth from here.

About the author – Dipak Singh is a trainee journalist in India Today Media Institute

Published By – Karan Yadav


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