Yami Gautam will be seen in different style Image Credit Source: Social Media
Shah bano case: Bollywood’s famous actress Yami Gautam is going to be seen once again in a strong character. This time she will be seen in a character who changed the legal and social fabric of the country 40 years ago. His upcoming film ‘Haq’ is inspired by the story of famous ‘Shahbano Begum’, whose legal battle is still considered an important case study in the context of women’s rights and secularism in India. This is the story of the fight between the rights of a divorced woman and the conflict between law and religion.
Know who was Shah Bano Begum?
The story began in 1978, when an elderly Muslim woman of 62 years was expelled by her husband. That woman’s name was Shah Bano Begum, and her husband were Mohammad Ahmed Khan, who was a well-known lawyer by profession. After 43 -year -old married life and five children, Mohammad Ahmed Khan divorced Shah Bano.
Shah Banu reached court at the age of 63
After divorce, Shah Bano Begum became destitute. He had no means to live himself and the ex -husband refused to give him alimony. Eventually, Shah Bano approached the court for the maintenance of himself and his children. He demanded a living allowance ie ultimoni under Section 125 of the Code of Criminal Procedure (CRPC), which applies to all citizens of India, irrespective of their religion. During this time, there was regret over the lack of luggage civil code in the country.
Battle from lower courts to Supreme Court
On the plea of Shah Bano, Mohammad Ahmed Khan argued that according to Muslim personal law, a Muslim woman after divorce can only be given alimony for the period of ‘Idt’ (three months after divorce), after which the husband has no responsibility. But the lower courts ruled in favor of Shah Bano. Then Mohammad Ahmed Khan challenged these decisions and in the end, the matter reached the door of India’s largest court i.e. the Supreme Court. The case reached the Supreme Court, this case was not limited only between Shah Bano and his ex -husband, but it became a fight between India’s secular law and religious personal law.
That historical decision of 1985
On 23 April 1985, the Supreme Court gave its historic verdict on the matter. A five-judge bench headed by Justice Chandrachud unanimously ruled in favor of Shah Bano. The Supreme Court said that Section 125 of CRPC applies to all citizens, and it is the duty of a husband to maintain his ex-wife even after divorce, until he is able to live himself. The court also made another important comment in this decision. He said that this is the time when a uniform civil code (Uniform Civil Code) should be implemented in the country. This decision was seen as a major victory for women’s rights.
Political ruckus and 1986 law
After the decision of the Supreme Court, there was an uproar in the whole country. Muslim Personal Law Board and Orthodox Muslim organizations strongly opposed the decision. He described it as government intervention in Sharia (Islamic Law). Bending in front of this pressure, the government passed the ‘Muslim Women (Protection of Rights) Act’ (Protection of Rights on Divorce) Act, 1986 in 1986.
Decision passed in the year 1986
The main objective of the ‘Muslim Women’s Act’ was to reverse the decision of the Supreme Court. Under this law, a provision was made that a divorced Muslim woman will get alimony only for the period of ‘Iddat’. After this, it will be responsible for his relatives or Waqf Board. Many believed that these laws were brought to please religious groups, and this was disappointed with women’s rights and secular Sangathana.
Heritage and continued debate even today
The Shah Bano case has left an indelible mark on India’s law and politics. This is still the central point of every debate on the Uniform Civil Code (UCC). 40 years later, now Yami Gautam How do you present this character on the big screen? It will be interesting to see this.
