Introduction –
Shah Bano case This is considered to be the most important case in the history of law and order of India, which also put the Congress’s 409-seat stable government in trouble. We will try to study some important cases of judicial history of India in simple language. Due to which we get to see its very deep consequences on the Indian society. In a democracy, the more citizens who are aware, the more rights they will be able to get, so it is very important for us to understand the nuances of democracy.
It is not our job only to nurture our family and our whole life, but the role of every citizen is very important in a democracy. Therefore, we have to understand this case so that we will understand how social changes should take place. It is said that our ignorance is the benefit of the front, which we have to end and strengthen democracy.
There should be a uniform civil code through Article 44 in the Constitution of India, which till date we have not been successful in implementing it. For this, any government will have to implement it honestly, without any feeling of malice, only then the confidence of the people will increase from it. Inequality and inequality this is our problem and Uniform Civil Code is an important part of it which will promote equality. We have to make this change by rising above religion and keeping the country’s supreme.
Therefore, through this case, we will try to understand the importance of uniform civil code by studying the institution of marriage in India and the different practices of different religions here.
Background of Shah Bano Case –
After the death of Indira Gandhi, Rajiv Gandhi’s government came in 1985 with a large majority and he was not so active in politics, but he was holding the most important post of the country. At the same time, this matter came up in the Supreme Court and the court went beyond personal law and gave a decision. In which Shah Bano should get the expenditure of fifty rupees per month from his husband.
If we look at the Constitution, then this decision was very important which was, according to Article 44 of the Constitution Guiding Principles. The Supreme Court ordered the Government of India to enact a Uniform Civil Code at the earliest. So that the discrepancy arising out of personal law can be eliminated. The rights which were getting from the Hindu Marriage Act and the rights which were getting from the Muslim Personal Law.
There was a lot of discrepancy in this, due to which many cases kept coming in the Supreme Court, which the court ordered the government to make a law to remove it. Due to this decision of the Supreme Court, there was a protest all over India, due to which the Government of India had to make a new law to nullify the decision of the Supreme Court, which was later, we understand how correct it was. The Ayodhya case was the result of this activity which was to result in Indian politics for the next forty years, which we call the rise of the BJP.
What is Shah Bano Case ?
This is the case of 1978 in which Shah Bano was a Muslim woman from Indore- Madhya Pradesh, whose husband was a well-known lawyer who ended this marriage after 43 years and married a girl much younger than him. Initially, he started paying 200 rupees a month to Shah Bano, but later suddenly stopped it. Due to which Shah Bano filed a case for this in the Court District Court and she got a decision to pay Rs. 25 per month, which her husband accepted.
Shah Bano filed a case in the High Court to increase this amount, in which he got this amount which was Rs 189, in opposition to which Mohammad Ahmed Khan went to the Supreme Court where this Muhafza was increased which was a very controversial decision. The ministers of Rajiv Gandhi’s cabinet were unhappy with this decision and it started increasing a lot of pressure on the Government of India. On the other hand, the government is appeasing Muslims, such allegations started being made on the government.
Initially, the Government of India, which agreed with the decision of the Supreme Court, had to change its decision and a new law was made in the Parliament for the safety of Muslim women, in which some positive changes were made. How effective this decision was, it was seen in the future and the Ayodhya case started gaining momentum and the Hindu-Muslim issue started affecting the society, which later became a decision to change Jake’s entire politics.
Facts of Shahbano Case –
On 23 April 1985, a five-judge bench, while giving a decision in favor of Shah Bano, under section 125 of the CrPC, a Muslim woman was also entitled to maintenance from her husband, saying that the cost of 500 rupees was given to the husband every month. All the judges of different religions were kept in the bench of these five judges so that a fair decision could be taken. Initially, only a two-judge bench was looking into the matter.
But being a lawyer himself, he took the basis of Muslim personal law and requested to take Muslim Personal Law Board in it, which was accepted by the court. In Muslim personal law, the amount of Mihir which is given after divorce, after which any help is considered haram, it was the argument of her husband. But the court put forward the constitution and told that it is our duty to give equal justice to all citizens, under this, Shah Bano should get justice, it was their belief.
The main premise of this case of Shah Bano is that any woman of India has the right to receive maintenance from her marriage under section 125 LE, this court has held. And under Article 44, the Government of India should consider that the discrepancy between the personal law and the Constitution should be implemented as soon as possible, which can reduce this problem.
Shah Bano Case & Uniform Civil Code –
In British India, the British had made some important changes in the personal law of India in their early times, in which laws like Sati Pratha and child marriage were made and banned. Whose experience was received by the British, who had to face a lot of opposition, taking lessons from which they stopped interfering in personal laws. Due to which the structure personal law, we see was done by the British, in which tampering in the matters of any religion stopped.
He made common laws for criminal and civil matters, in which laws like the Indian Penal Code are important. There should be such a law in the Constituent Assembly of India, which should be common, in the case of marriage of all religions, initiative was taken for this, but due to the opposition of some members, it was kept in the guiding principle of the constitution. The framers of the constitution were hoping that with time there would be some good changes in the society and in the future we would be able to implement the Uniform Civil Code.
If we look at the case of Shah Bano case, then the Rajiv Gandhi government of that time was accused of appeasement of Muslims, to improve which the lock of the Ayodhya temple was opened under the influence of the government and Hindu society was tried to please the society. How effective these activities proved to be, every political analyst will tell it in his own way. Due to the Shah Bano case, the Supreme Court had advised the government to implement the Equal Citizens Act at the earliest.
Muslim Women Act 1986Â –
As a result of the decision given by the Supreme Court in the cases of Shah Bano case, this law was brought in the Parliament by the Government of India, under which the decision of the Supreme Court was declared void. There was an important reason for this, at the same time its result was seen on the elections of some states of North India, in which the Congress had suffered, in view of which this law was brought.
Under this law, after paying Mihir’s amount, the divorced woman was given this responsibility to the family of that woman and the Waqf Board for her further life. There were many reasons for this because most of the women were dependent on the men and if they got divorced. then they had to face a lot of trouble ahead. Therefore, under this law, an attempt was made to remove these loopholes through this law.
An attempt was made by the Government of India to pacify the dissatisfaction of the Muslim society by making this law. But it is a decision to take the Indian society further instead of going forward, said many such experts. This was considered an injustice on women by many women’s organizations. In true sense, this movement of feminism in India has not yet come in the right way, but in future we can get to see this struggle of men and women.
Features of Shah bano Case –
- Shah Bano case This became a very important case for the Uniform Civil Code in India, under which the demand was raised that there should be a timely law.
- On 23 April 1985, under section 125 of CrPC by a five-judge bench, women of any caste, religion in the country has the right to receive maintenance, this decision was given by the court.
- In view of the discrepancy in the Muslim Personal Law, the Supreme Court took this decision keeping in view the fundamental rights of the Constitution.
- Shah Bano Case This was an important case for the creation of Uniform Civil Code in India today, after which Triple Talaq and polygamy system were protested by the rest of the society in India.
- The purpose of creating a Uniform Civil Code should be done by any government in India, it must be honest and without any bias.
- The opposition of Muslims should not be an issue of doing this politics, but it is equally important to change all the societies of India with time.
- The lock of the Ayodhya temple was opened during this period, which is said to have been taken to please both Hindus and Muslims.
- In the Shah Bano case, Mohammad Ahmed Khan was a well-known lawyer who divorced his wife Shah Bano after 43 years of marriage.
- Shah Bano and Muhammad Ahmad Khan had five children who were denied care and maintenance was denied by them.
Conclusion –
In this way we have tried to study the Shah Bano case case and the Equal Citizens Act here. Because we were asked information about Equal Citizen Act by many people, we felt that we should write on it. For this in 2021, we get to see a lot of discussions on the Equal Citizen Act. This law must be made, but it should not be our aim to harass any particular society with this.
Muslim society and many other Indian societies need to change themselves with the passage of time keeping morality in front and over time the practices which look at women or men wrongly, such practices will have to be ended. We should go ahead by adopting good practices and end the heterodox mentality which looks at each other with hatred.
That’s why our constitution tells us about the Uniform Civil Code, which will help in proposing equality in the society. We have seen the Muslim Personal Law through the Shah Bano case and the government’s initiative to reform it, so that we understand how difficult it is to make any changes in the society, but without making this change we cannot move forward, this is also a reality. .