AIR 1985 SC 945, April 23, 1985, Case No. Civil Appeal No. 7454 of 1981, the Shah Bano case, is a pivotal legal issue with significant consequences for the rights of Muslim women. In 1932, Shah Bano married Mohammad Ahmad Khan, an advocate in Indore. She had 5 children from her marriage and after 14 years, her husband took a younger woman as a wife. At the age of 62, Shah Bano got a divorce. In 1978, Shah Bano filed a case for financial support from her husband under Section 125 of the Code of Criminal Procedure. The case drew attention to the absence of clear rules regarding financial support in Muslim personal law. Moreover, it was found that there is a clash between personal laws and the concept of the Uniform Civil Code.
The case sparked a nationwide discussion about women’s rights and gender equality. This case has also shed light towards necessity to address these inequalities and protect rights of the muslim women. The Shah Banu case had substantial political and social consequences. There was a clash as some parts of the society perceived it as an intrusion into religious affairs, while others regarded it as an essential step in securing women’s rights.
Shah Bano’s case is a base towards protection of muslim Women’s rights in India. The Supreme Court has protected a divorced muslim woman’s right to maintenance by ruling that Section 125 of the Criminal Procedure Code (CrPC) applies to all citizens, including Muslims, ensuring she receives alimony beyond the Islamic Iddat period. The Court stated that Section 125 CrPC, is a religion-neutral law and allows divorced muslim women also to claim maintenance from their husband, a right, i.e. not extinguished by personal laws.
After that, social and political discussion on secularism once again reached to its peak when Shayara Bano vs Union of India (filed writ petition (c) no. 118 of 2016) was a landmark judgement on August 22, 2017. The court ruled that the practice of triple Talak (instant) was unconstitutional and are manifestedly arbitrary. The decision was made by 5 bench judges with 3:2 majority. It was held that Triple Talaq violated article 14,15 and 21 of the Indian constitution. The majority decision reflected a historic move towards reforming personal laws and enhancing constitutional rights for the muslim women in India.
The implications of this judgment provide legal precedence for further personal law reforms and enhance protection for the rights of Muslim Women. Moreover, the case of Shayara Bano vs Union of India prompted the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Therefore, towards the movement of women’s rights in India, UCC can be very helpful. Shayara Bano said that “with the implementation of UCC, the social system of the muslim community will improve.
While moving towards Viksit Bharat 2047, it’s important to understand UCC and its implications on women and for all. UCC, in simple terms, can be described as ‘one nation, one law’. It is important to understand that civic and criminal laws are the same for all citizens. Such as, the single age of marriage is now 21 years, which will abolish the ill treatment of muslim women in case of Polygamy, Halalah (other local practices, including instant triple Talak, etc.).
It will lead to change in areas like marriage, Triple Talak, a form of divorce, is already abolished and UCC may required consistent divorce procedure where the protection of rights of Indian muslim women are same as for all. Secondly, a case of inheritance of property, alteration of traditional muslims laws and it grants equal rights to sons and daughters. The path-breaking change can be done in terms of maintaining the dignity of women by prohibiting polygamy, which is only under the Islamic law. In family law matters related to maintenance and succession rights, which are governed by Islamic laws, the latter will not prevail. Hence, UCC has a profound impact on Muslim women’s rights and freedom.
